Ken O'Flynn (Cork North-Central, Independent Ireland Party)
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231. To ask the Minister for Public Expenditure and Reform if he will confirm that the obligations of local authorities under the Freedom of Information Act 2014 and the EU Open Data Directive (2019/1024, transposed by S.I. 376/2021) reinforce the duty to provide detailed disaggregated data such as budgetary and housing maintenance information, and that these obligations cannot be circumvented by restrictive procedural interpretations. [49692/25]

Ken O'Flynn (Cork North-Central, Independent Ireland Party)
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233. To ask the Minister for Public Expenditure and Reform if he will confirm that the obligations of local authorities under the Freedom of Information Act 2014 and the EU Open Data Directive (2019/1024, transposed by S.I. 376/2021) reinforce the duty to provide detailed disaggregated data such as budgetary and housing maintenance information, and that these obligations cannot be circumvented by restrictive procedural interpretations. [49882/25]

Jack Chambers (Dublin West, Fianna Fail)
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I propose to take Questions Nos. 231 and 233 together.

The Freedom of Information legislation provides for a right of access to records held by public bodies. However, it also recognises that there are types of records and information where the release of which may harm important rights and interests of third parties or the public body itself. The legislation sets out exemptions from release for certain types of information in certain circumstances.

Freedom of Information requests are decided on a case-by-case basis, depending on the contents of the records concerned. Approximately four out of every five FOI requests decided on are granted. Reviews are available where a requester is dissatisfied with the outcome of their request. The rates at which FOI decisions have been challenged has remained consistently low over time, with internal reviews sought on average in 3.4% of cases annually since 2014, and reviews by the Commissioner sought in an average of 1.4% of cases in that time. A further statutory appeal is available to the High Court from a decision of the Commissioner.

Open data involves making available information, or datasets, in an open reusable format, with a broad license to use or reuse the information, including for commercial purposes. A legislative underpinning is provided by the EU Open Data Directive, as transposed in Irish law. For the most part open data takes a proactive approach, requiring that public sector datasets should be “open by design and default”, and mandating publication of “high value datasets” specified under the High Value Datasets Implementing Act. Additional information on obligations and supports available to public service bodies in fulfilling their requirements is available at data.gov.ie, through circular 20/2021 and in the National Open Data Strategy 2023-2027.

The Open Data Directive also sets out a mechanism whereby a request can be made for release of a specified dataset in open, reusable format, setting out a process including review rights. These reviews are carried out by the Office of the Information Commissioner. While this Directive builds on the existing information access regimes such as FOI, it does not create a separate right of access. As such, records that would not be released under FOI are excluded from its scope. Ultimately, it is the role of the Information Commissioner and the Courts to reach authoritative determinations on the interpretation of the Freedom of Information Act 2014, including the application of any exemptions from release. Where the Commissioner has been called upon to make a formal finding on the approach taken by a public body in relation to a particular request, the decision has been upheld in an average of 62% of cases since 2014. The approach has been varied, i.e. upheld in part or upheld on a different basis, in 21% of cases on average, while the body's decision has been annulled or overturned in an average of 17% of cases in these years.