KCETB Kilkenny and Carlow Education and Training Board
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Rialtas na hEireann Government of Ireland
KCETB Kilkenny and Carlow Education and Training Board
Rialtas na hEireann Government of Ireland
Co-Funded by the European Union
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EN GA

Freedom of Information

Individuals have the right to access personal and non-personal information held by KCETB in the following ways:

Administrative Access Policy

 Under Administrative Access, all appropriate information will be made available to the requester regarding privacy, confidentiality and public interest. KCETB supports an individual’s right to access what information is held about them within its service. Generally, access to an individual’s own records should be provided administratively (subject to exceptions).

Personal Information

Any Freedom of Information (FOI) request must be made in writing or emailed to foi@kcetb.ie . The requester must provide sufficient information to assist in locating their records, including: date of birth, current and previous addresses, contacts with our services and approximate dates. KCETB will need to verify by appropriate means the identity of an individual and proof of identity may be requested. A requester may incur an admin charge if the quantity of records requested is very large.

Non-Personal Information

KCETB will endeavour to make available to the public up-to-date details of its policies and procedures. This information is published on our website and may also be made available to individuals on request, following a written request to the appropriate school, centre or office.

Exceptions

Where access to a record or information cannot be provided directly under administrative access, the requester will be informed and advised to make an application under the Freedom of Information Act 2014.

Other Mechanisms for Access to Records

KCETB’s records are the property of the organisation and may only be removed under the following conditions:

  • Upon a Court Subpoena
  • Search Warrant
  • Court Orders
  • Police Investigations
  • Request and/or investigation by the Information Commissioner or Ombudsman
  • By written authority of the Minister

Current statutory provisions in legislation allow for disclosure of information. The release of such records/information will be made on the grounds of public interest and of upholding, enforcing and/or administering the law.

Freedom of Information Act 2014

The Freedom of Information Act 2014 enables members of the public to obtain access to information in the possession of public bodies, and certain other bodies

KCETB complies with the requester’s entitlements under the Freedom of Information Act 2014, that include:

  • acknowledging your request within 10 working days
  • issuing a response, under normal circumstances, within 20 working days of receipt of a valid request
  • explaining all decisions and setting out the sections of the Act used in reaching these decisions
  • including details of the requester’s entitlement to internal review and appeal in the decision letter

If an individual is dissatisfied with the decision made, they may appeal in writing to the internal reviewer, as named in the decision letter, within four weeks of the original decision. A complete decision on the appeal will be sent to the requester within 15 working days of receipt of appeal. If dissatisfied with the internal reviewer’s decision, the requester may appeal directly to the Information Commissioner within six months from the date of the internal reviewer’s decision, for an independent review of the matter to be carried out.

The FOI Act sets out three new legal rights:–

  • A legal right for each person to access information of a personal or non-personal nature held by public bodies
  • A legal right to have official information relating to him/her amended where it is incomplete, incorrect or misleading
  • A legal right to seek reasons for decisions that affect him/her

These rights extend to an individual’s own records and, in specific circumstances, to those of their children and deceased relatives. There are exemptions provided for in the Acts, which will be clearly explained.

What records can be accessed under FOI from KCETB?

  • All records created on and after 14 April 2015
  • All personal records, whenever created, that are still in the position of the KCETB
  • All non–personal records created, backdated to 21 April 2008
  • Earlier non-personal records (where they exist) if needed to understand accessed later records

An individual may make a request for access to records. The request must be in writing, stating that the request is made under the FOI Act, and containing sufficient particulars in relation to the information concerned to enable the record to be identified.

A member of the public has the right to request information regarding acts of public bodies affecting them. A Freedom of Information request is a formal procedure and the public body is required to respond within four weeks. The request will be considered in accordance with the Act having regard to the exemptions provided for.

How do I make an FOI request?

  • A request must be made in writing, or via the Request Form below.
  • The request must state that it is being made under the Freedom of Information Act, 2014.
  • The request must be signed and dated.
  • The request must state clearly the exact records/information being requested and supply as much. detail (i.e. school/centre/office location, dates in attendance etc.) as possible.
  • The request should state clearly the manner in which access is sought
  • Supply proof of identity as relevant to the information sought.
  • KCETB will accept requests by letter, fax and email.

FOI requests should be sent to: FOI Officer Kilkenny and Carlow Education and Training Board Seville Lodge, Callan Road, Kilkenny Email: foi@kcetb.ie

What Records can be accessed under FOI from Kilkenny and Carlow Education and Training Board?

  •  All records created on and after the 14th April 2015;
  • All personal records, whenever created that are still in the position of the Kilkenny and Carlow Education and Training Board;
  • All non–personal records created backdated to 21st April 2008;
  • Earlier non-personal records (where they exist) if needed to understand later records which are accessed.

An individual may make a request for access to records. This request must be in writing stating that the request is made under the FOI Act and containing sufficient particulars in relation to the information concerned to enable the record to be identified.

A member of the public has the right to request information regarding acts of public bodies affecting them. A Freedom of Information request is a formal procedure and the public body is required to respond within four weeks.   The request will be considered in accordance with the Act having regard to the exemptions provided for which include:

  • Personal Information (other than information relating to the person making the request);
  • Information supplied to the Kilkenny and Carlow Education and Training Board in confidence;
  • Law enforcement and public safety;
  • Commercially sensitive information;
  • Deliberations of public bodies;
  • Functions and negotiations of public bodies.

How do I make an FOI request?

  • A request must be made in writing using the form below;
  • The request must state that it is being made under the Freedom of Information Act, 2014;
  • The request must be signed and dated;
  • The request must state clearly the exact records/information being requested and supply as much detail (i.e. school/centre/office location, dates in attendance etc.) as possible;
  • The request should state clearly the manner in which access is sought, for example, to view the original in a Kilkenny and Carlow Education and Training Board location or to receive photocopies of the original, hear / view audio-visual record, obtain a copy of a computer disk or other electronic device etc.;
  • Supply proof of identity as relevant to the information sought;
  • Kilkenny and Carlow Education and Training Board will accept requests by letter, fax, email.

Send the FOI request to:
FOI Officer

Kilkenny and Carlow Education and Training Board
Seville Lodge,   Callan Road, Kilkenny
Email:  foi@kcetb.ie

Details of FOI Process and Rights to Appeal

  • An acknowledgement will be sent within 10 working days, of receipt of a valid request;
  • The Kilkenny and Carlow Education and Training Board will issue a decision to the requester within 20 working days upon receipt of a valid request;
  • Notification will be sent, if an extension is necessary to facilitate the completion of the request;
  • If an individual is dissatisfied with the decision made they may send an appeal in writing to the Internal Reviewer, named in the Decision Letter within four weeks of the original decision. This review is independent of the initial Decision Maker’s decision;
  • A complete decision on the appeal will be sent to the requester within 15 working days of receipt of appeal;
  • If dissatisfied with the Internal Reviewer’s decision the requester may appeal directly to the Information Commissioner If dissatisfied with the Internal Reviewer’s decision the requester may appeal directly to the Information Commissioner  within six months from date of the internal reviewer’s decision, where an independent review of the matter will be carried out.

Fees relating to FOI requests

The Freedom of Information Act 2014 provides for a completely new FOI fees regime. The following is a summary of the new fee structure in respect of non-personal requests: –

  • The €15.00 application fee has been abolished;
    There is a minimum threshold of €101 below which no search, retrieval and copying fees can be charged.   Once the charge reaches €101, full fees apply;
  • There is a cap on the amount of search, retrieval and copying fees that can be charged of €500;
  • There is a further upper limit on estimated search, retrieval and copying fees at €700.00 above which an FOI body can refuse to process a request, unless the requester is prepared to refine the request to bring the search, retrieval and copying fees below the limit;
  • The fee for internal review under Section 21 is now €30.00 (€10.00 for medical card holders and their dependants);
  • The fee for appeals to the Information Commissioner under Section 22 is now €50.00 (€15.00 for medical card holders and their dependants).

Information Commissioner

The main functions of the Information Commissioner can be summarised as:

  • The review (on application) of the decisions of the public bodies in relation to FOI requests and where necessary, the making of binding, new decisions;
  • The review of the operation of the Freedom of Information Act 2014 to ensure that public bodies comply with their provisions;
  • The fostering an attitude of openness among public bodies by the encouragement of the voluntary publication of information above and beyond the minimum requirements of the Acts;
  • The preparation and publication of commentaries on the practical operation of the Acts; and
  • The publication of an Annual Report.

The Data Protection Acts provide similar rights of access as the FOI Acts, the main difference being that the Data Protection Acts do not apply to records of deceased persons. As with the FOI Acts, these rights extend to an individual’s own personal records and in specific circumstances, to those of their children. There are exemptions provided for in the Acts, this means that there are specific circumstances when the requested information will not be released. If any of these exemptions are used to withhold information, the reasons will be clearly explained to you.

Data Protection is the safeguarding of the privacy rights of individuals in relation to the processing of personal data. An individual supplies information about themselves to many organisations, including the Kilkenny and Carlow Education and Training Board (KCETB) in order to avail of services or satisfy obligations.   For the purpose of Data Protection, such organisations or individuals who control the contents and use of personal data are known as Data Controllers.

Kilkenny and Carlow Education and Training Board, as a Data Controller must adhere to the eight rules of Data Protection. The eight rules, which apply whether the information is held on a computer or in a manual form, are:

  • Obtain and process information fairly;
  • Keep it only for one or more specified, explicit and lawful purposes;
  • Use and disclose it only in ways compatible with these purposes;
  • Keep it safe and secure;
  • Keep it accurate, complete and up-to-date;
  • Ensure that it is adequate, relevant and not excessive;
  • Retain it for no longer than is necessary for the purpose or purposes;
  • Give a copy of his/her personal data to that individual upon request.

An individual must apply in writing and simply refer to the Data Protection Act.

When to use the Data Protection Acts

An individual may use either the Freedom of Information Acts or the Data Protection Acts to access personal information held by public bodies. However, the Data Protection Acts apply only to an individual’s own personal information. Also, the Data Protection Acts apply to all holders of personal information, not just public bodies.

Entitlements under the Data Protection Acts:

  • A decision will, in normal circumstances, issue within one month of receipt of your request;
  • Details of your entitlement to complain to the Data Protection Commissioner will be included in the decision letter.

Access to Information

All requests under the Data Protection Acts must be made in writing and outline the records sought in the greatest detail possible to enable KCETB to identify the relevant records.

Download Freedom of Information Request Form

Freedom of Information form

FOI Disclosures Log

Disclosure Log 2023

Disclosure Log 2023

Disclosure Log 2022

Disclosure Log 2022

Disclosure-Log-2021 1024

Disclosure Log 2021

Provision of Information to members of the Oireachtas

Liam Scott, KCETB Director of Organisation, Support and Development is responsible for ensuring the timely provision of information to members of the Oireachtas. Correspondence will be acknowledged within three working days. Should your enquiry require research or consultation, we will acknowledge receipt of your correspondence and provide a further response within 15 working days. In the spirit of Open Government Partnerships, responses to queries will be published, where appropriate, on the KCETB website. Oireachtas members should direct their queries to:

Liam Scott, Director of Organisation, KCETB, Athy Road, Carlow Email: oireachtasenquiries@kcetb.ie

KCETB would welcome feedback from any Oireachtas members regarding the information and service received.

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