The underlying principle of the Freedom of Information Act, 1997 ('the Act') is to ensure that the activities of public bodies are transparent and are seen to be so by stipulating that their records are available to members of the public on request. This principle is based on the idea that freedom of access to information is an important component of a democratic society.

The Act has been in operation in relation to government departments and most public bodies since 21 April 1998. Local authorities and health boards were subsequently brought within its ambit on 21 October 1998.

}The Act provides that, subject to a number of specified exceptions, every person has the right to obtain access to any record held by designated public bodies. A duty is placed on such bodies to give reasonable assistance to a person who is seeking access to a record under the Act.

Not all requests for access to records will be granted. The Act contains an important proviso to the right of access in that personal information held by a public body is generally exempt from third party access. Personal information in this sense means information about an identifiable individual which would, in the ordinary course of events, be known only to the individual or the individual's family, or friends of the individual. This provision may cause problems where, for example, a minor's guardian seeks access to information held in respect of that minor in order to pursue an action on his/her behalf.

Furthermore, where the record concerned contains information given to the public body in confidence and on the understanding that it would be treated as confidential, access to a third party may be refused. We would recommend that in order to avoid the possibility of documents of this nature being disclosed without recourse to the person who furnished the information, consideration should be given to the inclusion of a paragraph in the document which specifically imposes an obligation of confidence to the public body. A public body may also refuse access to records which contain commercially sensitive information and records which are subject to legal professional privilege.

Finally, it is important to note that, in general, the Act applies only to records created after the date of its coming into operation except where the records sought relate to personal information of the requester or where the granting of access to records created prior to that date would be necessary or expedient in order to understand records originating after the commencement of the Act.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.