All health boards are required to charge fees in accordance with section 47 of the Freedom of Information Act, 1997. Fees are based on estimated costs of search, retrieval and record copying and the rates are prescribed by regulation. Current rates for staff time are set out in Statutory Instrument 139 of 1998 and for copies of records in SI 522 of 1998. Judgment is required in estimating the amount of effort involved and the Act specifies circumstances where discretion is required. For example, where the records contain personal information relating to the requester, the ability of the person to pay copying charges is to be taken into account. The Act specifies that where the cost of collection would exceed the value of a fee, the fee is to be waived.
Decisions under the Act are notified in writing but public bodies are recommended to contact requesters to clarify requests or discuss with them difficulties arising in the processing of them. In particular where a deposit of fees is required, the Act requires the public body to assist the requester in modifying the request so as to reduce or eliminate fees.
