Administrative Access
Under’ routine access’ and’ administrative access’ all appropriate information will usually be made available to you having regard to privacy, confidentiality and the public interest. As a matter of policy, Tusla supports your right to see what information is held about you within our services. Generally, access to your own record will be provided administratively (subject to certain exceptions) without the need to apply under legislative access regimes.
How to access Personal Information
To make a request to access information held in relation to you it is necessary to apply in writing to the appropriate area where you have accessed services. This application must provide sufficient information to assist in locating your files, including your date of birth, current and previous addresses, the contacts you had with specific services and approximate dates and locations of access. You will also be asked for proof of identity, for example providing a certified copy of your current passport or driver’s license. This is in order to protect your confidentiality. A charge will not usually be applied to your request under the ‘administrative access’ regime, unless significant records exist. In such circumstances a charge may be applied to cover the cost of photocopying.
Non-Personal Information
Tusla offers a wide range of non-personal information to the public about services and performance, via our web site [insert link] or leaflets/publications. In many instances, further information relating to the work of the agency, i.e. non-personal information, may be released on request. However, if the information requested is not readily available, it will be necessary to apply under the Freedom of Information Act 2014.
Routine Information
Routinely available information includes information regarding services and benefits provided by Tusla and also any other information regarding care which is created as a consequence of contact with services provided by Tusla. Administrative access involves a written request for information made to the appropriate centre of service.
Exceptions
Where access to a record or information cannot be provided to you directly under administrative access, you will be informed of this and advised of the option of making an application under the Freedom of Information Act, 2014. Likewise, certain information may be of such a sensitive nature that requests for access can only be dealt with under the FOI legislation. The following list, although not exhaustive, provides some examples of what records would be considered ‘sensitive’, and therefore not available through the ‘administrative access’ route.
- Personal information relating to another individual
- Commercially sensitive information
- Certain records created in accordance with Child Care legislation
- Records relating to the identify of a person who has provided information in confidence in relation to the enforcement or administration of the law
- Records which would be afforded protection in accordance with Adoption legislation
- Certain records relating to proceedings in a court or certain tribunals or commissions
- Records which if released, would impact on the ability of Tusla to fulfil its statutory obligations.
Other Mechanisms for Access to Records
Legislation access routes to records exist in accordance with the Freedom of Information Act, 2014 and Data Protection Act, 1998, as amended by the Data Protection (Amendment) Act, 2003. Please refer to the relevant section of the site for further details.
Information and records are the property of the agency of which they are created and held. In the case of Tusla, such records are kept securely and apart from the circumstances outlined earlier, may only be released under the following conditions:-
- Upon a Court Subpoena
- Search Warrant
- Court Orders
- Police Investigations
- Request and/or Investigation by the Information Commissioner, Ombudsman, Ombudsman for Children or Data Protection Commissioner.
- By an officer authorised in writing by the Minister
For more Information
If you would like more information, or have a query on any of the above, please contact corporatefoi@tusla.ie