Written answers
Tuesday, 23 July 2024
Department of Children, Equality, Disability, Integration and Youth
Child and Family Agency
Paul Murphy (Dublin South West, RISE)
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1863.To ask the Minister for Children, Equality, Disability, Integration and Youth the reason TUSLA’s method of data collation has made it almost impossible to access documents under the Freedom of Information Act 2014 (details supplied); his views on whether this situation should be rectified for the sake of transparency by keeping copies of general documents outside children’s individual case files; and if he will make a statement on the matter. [32636/24]
Roderic O'Gorman (Dublin West, Green Party)
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It is a matter for Tusla to process an FOI request submitted to them and these requests are processed accordingly under the Freedom of Information Act, 2014. Tusla has however furnished the following information which you may find informative.
Tusla embraces the principles of openness, transparency and accountability, both in the pursuance of its statutory role in accordance with the Child and Family Agency act 2013 and in ensuring compliance with the Freedom of Information Act, 2014. Tusla holds personal privacy in high regard in cognisance of the rights enshrined within Data Protection, Freedom of Information legislation and the Constitution.
When matters relating to the consideration of Freedom of Information requests arise, each request is carefully considered to determine whether the scope submitted could infringe on privacy rights, and to establish also whether responding to the request could involve processes which would significantly impact on other assigned duties.
An administrative reason for a refusal can arise when processing a request is likely to have a serious impact on other duties. Such grounds for refusal are provided within s.15(1)(c) of the Act (“in the opinion of the head, granting the request would, by reason of the number or nature of the records concerned or the nature of the information concerned, require the retrieval and examination of such number of records or an examination of such kind of the records concerned as to cause a substantial and unreasonable interference with or disruption of work (including disruption of work in a particular functional area) of the FOI body concerned”).
It is important to note that Tusla’s FOI office works closely with requesters and where concerns of this nature arise, the requester will be contacted to establish whether assistance could be provided to enable a revised request to be submitted with a view to avoiding a refusal.
The FOI Act does not allow access to a record which would involve the disclosure of personal information. Correspondence in relation to individuals is recorded and retained on individual case files and access to records held therein could only be considered for release if requested by the individual or their legal representative.
General correspondences relating to specific issues or items relating to the service would be considered and released in line with FOI legislation.
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