Dáil debates

Wednesday, 16 July 2014

Freedom of Information Bill 2013: Report Stage (Resumed)

 

2:55 pm

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Independent) | Oireachtas source

I move amendment No. 54:

In page 32, to delete lines 30 to 39.
We spent some time talking about this on Committee Stage. I was referring to specific queries, language, sequels and various other things. I have now re-examined the matter. Section 4 concerns when an FOI request is for information contained electronically across numerous devices. My concern is that this potentially provides some sort of opt-out or lack of keeping up with technological advancements. In lay person's language this concerns someone seeking a piece of information that may be on eight different PCs. Under this section, one is obliged to use whatever search and retrieval tools were available at the time. At that time, it may be that one had to log into each PC, which might be in eight different locations around the country. Someone might say that too much work is involved or else they will charge for the request because it would entail a lot of work. Since then, they may have been able to access all eight PCs from a centralised location. Under this subsection, however, it says they need only seek the information using whatever search tools existed at the time the information was created. I am concerned that, albeit unintentionally, it is locking in outdated technological search tools.

If I am wrong, what problem is this subsection trying to solve? Can the Minister provide an example? I am unclear as to why electronic data are being treated differently in this way.

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