Mary Lou McDonald (Dublin Central, Sinn Fein)
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240. To ask the Minister for Public Expenditure and Reform if he will include private nursing homes in the schedule of bodies covered by the Freedom of Information Act 2014. [8081/23]

Paschal Donohoe (Dublin Central, Fine Gael)
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The 2014 Freedom of Information Act expanded the scope of FOI to cover nearly 500 state entities directly. Generally FOI, applies by default to public bodies, that is those which were created by the state or have significant state involvement in their governance structures. Where a body is subject to FOI in its own right, this brings with it significant additional obligations beyond just processing requests.

However, the reach of FOI can in appropriate circumstances extend to beyond the four walls of the entities that are subject to FOI in their own right. Where an a state body that is subject to FOI contracts for services, the FOI legislation provides that records generated and held by the "service provider" are in principle accessible insofar as they relate to the service.

As such, where treatment or services from a private provider are funded under contract by a state body, related records may be requested under FOI through that body. If relevant records relating to the service are held by the "service provider", they should be treated in the same way as if they were held directly by the body concerned.

Therefore, the FOI legislation as it stands makes clear provision for FOI to follow state funding, even where records relating to the funded service are created and held by private entities. In addition, the data protection regime provides a mechanism by which individuals may request personal data relating to them directly from any entity that holds it, public or private. This would in most instances provide an alternative route for accessing information of this nature, given that personal requests are by far the most prevalent use for FOI in the health sector.

A comprehensive review of the Freedom of Information regime is currently nearing completion. One of the issues currently under consideration, and around which submissions were sought in a public consultation, is the question of designating FOI bodies. In particular, the review process has sought to examine whether the provisions that relate to outsourced services are sufficiently clear and robust to be relied to ensure access to records in relation to state-funded services.