Freedom of Information Act (2000)
The Freedom of Information (FOI) Act (2000) is one of several pieces of legislation which currently operate to give members of the public greater access to public sector information. FOI grants people the right to access information about government and public sector organisations, the information they hold and how they operate.
Information that is made available under Freedom of Information requests consequently becomes available to anyone and a copy of the ‘redacted’ version of any full files released will be made available to order via PRONI’s catalogue.
Other public access to information legislation includes the Environmental Information Regulations (EIRs) (2004), which provide a right of access to environmental information, and the Data Protection Act (2018), which allows you to request access to any personal data held about yourself contained within our collections.
How does the Freedom of Information Act (2000) apply to PRONI?
The Freedom of Information (FOI) Act (2000) gives you the right to know whether PRONI holds the information you want and requires us to provide access to that information wherever possible. FOI provides a statutory right of access to:
Information relating to the running of the organisation
If you interested in finding out more about the work of PRONI, how we spend public money and how and why we make decisions, you can visit the Access to Information section of the Department for Communities website and submit an FOI request as directed.
Historical public records held by PRONI
The majority of PRONI’s FOI queries relate to the historical public records we hold. This include, but are not limited to, Official Government files, Board of Guardian’s Workhouse records, Court files and Inquest reports, Hospital ledgers, HMP Prison, Borstal and Youth Justice records, Police reports, Ulster Special Constabulary personnel files, and records pertaining to schools.
Making a Freedom of Information request for closed public records
Who can make a request under FOI?
Anyone anywhere in the world can submit a Freedom of Information request to PRONI - you do not have to be a UK citizen or resident to make a request.
How do I make an FOI request to access an historical public record?
FOI requests must be made in writing – you can contact us by letter, by email or by submitting a PRONI enquiry form online.
You should include your own contact details and clearly state the information you are looking for, providing as many relevant details as possible. Providing additional information will aid PRONI staff in their search and ensure that the most accurate and relevant information is located.
It is not always necessary to know the full PRONI reference (such as CAB/9B/312/8 or HA/32/1/702) or the archive you are interested in, but it is extremely helpful if you do. Before submitting your request please visit PRONI’s eCatalogue to identify any records you require (and establish whether they are ‘OPEN’ to the public or ‘CLOSED’ Access).
PRONI has a duty to reply to your request within 30 working days and to provide the information asked for unless specific FOI exemptions apply.
Information already open to the public
If the information you request is already open to the public, you will be advised of this within 30 working days. You can get access straight away by visiting PRONI. Alternatively, you can use the PRONI Search Service or hire an independent commercial researcher to locate and provide the relevant information for you.
Information in closed public records
Requests relating to historical public records which are currently closed are allowed 30 working days. This time is to allow PRONI to consult with the appropriate Responsible Authority in order to decide whether or not the information can be released.
I have submitted a Freedom of Information request, what happens next?
If the information requested is already open to the public, you can get access straight away by visiting PRONI and ordering the record on site in our Public Search Room. Alternatively, if you are unable to attend on site, you can use the PRONI Search Service or hire an independent commercial researcher to locate and provide the relevant information for you. However, if the information requested is currently closed to the public, PRONI will be required to undertake a consultation with the relevant Responsible Authority in order to complete your Freedom of Information request.
Will I get access to all the information I request?
PRONI has a duty to reply to your request and provide the information asked for unless specific FOI exemptions apply. In this instance, you may not be permitted to access some (or all) of the information you have requested but may be provided with a version of the records in which some of the exempted information has been removed or specific text redacted.
FOI exemptions
Some records in the custody of the Public Record Office of Northern Ireland (PRONI) will be closed due to the nature of the information they contain. If this is the case, the information will be covered by one of a number of exemptions, as specified under the terms of the Freedom of Information Act 2000.
Detailed guidance and an explanation of the FOI exemptions which can be engaged within historical public records can be found on the Information Commissioner's website.
An exemption applies - can I still access the information I have requested?
Even when exemptions apply, PRONI will endeavour to release as much information as possible. For example:
In some instances, PRONI can make a copy of a document, blank out/cover up those parts that require ongoing protection because of sensitivity and create a new copy. You will then be able to access this copy and thus some of the information you requested.
In other instances, if there is too much sensitive information for PRONI to feasibly blank out, staff may be able to carry out a search of specific records (for example, closed workhouse registers) on your behalf and provide you with a transcript or a summary of the relevant information.
Who is the Responsible Authority?
PRONI is the custodian of public records relating to Northern Ireland; however, it is not solely responsible for deciding what may or may not be opened to the public. Under the Freedom of Information Act, PRONI has a duty to consult with the relevant Responsible Authority in order to reach an access decision.
The Responsible Authority is the government department or public body which is currently responsible for the function or activities to which a record relates.
In some instances, the public body that created the record is still in existence and is still responsible for exercising the same functions. For example:
Coroners and Court records – PRONI must consult with the Coroners Service of Northern Ireland and the Northern Ireland Courts and Tribunal Service respectively.
Hospital records – PRONI must consult with the Department of Health.
Prison records – PRONI must consult with the Northern Ireland Prison Service or the Northern Ireland Office
In some instances, the official body that created the records no longer exists, but a current government department / public body will have taken over responsibility for the services or activities carried out by its predecessor. For example:
Board of Guardians (Workhouse records) – PRONI will consult with the Department of Health who have taken over responsibility for these records.
Northern Ireland Cabinet files – PRONI will consult with the Office of the First Minister & Deputy First Minister (OFMDFM).
How is the decision reached?
If the search is successful, and relevant records are identified in relation to your request, PRONI will consult with the Responsible Authority. The Responsible Authority will review the information that you have requested and will advise PRONI if the record can be released in full or if any FOI exemptions apply to the information.
PRONI and the Responsible Authority will consider the public interest in releasing the closed information as part of the decision-making process.
Once a decision has been made
When PRONI and the Responsible Authority have reached a decision, you will be informed of this decision by an Official Response letter. This letter will specify whether the requested information can be released, which Responsible Authority was consulted as part of your request and if any FOI exemptions have been engaged.
If release of the information has been authorised, a copy of your requested information will be prepared and will be provided to you free of charge. This can be collected at PRONI, posted to you directly or, in some circumstances, we may be able to email you a digital copy.
Any release of information under the Freedom of Information Act (2000) is also released to the world at large, and so a copy of the released file will be made available at PRONI where any member of the public is able to order and view it.
Can I lodge a complaint or appeal?
You have the right to complain if you are unhappy with the way your request has been handled, or with the decision which has been reached. The Official Response letter you receive in response to your FOI request will provide details of the complaints/appeals procedure.
Internal review
The first stage in the complaints / appeals process would be to request an Internal Review. This means that PRONI’s Freedom of Information (FOI) Appeals Manager will examine your application, looking at the handling of your application by PRONI staff, the information you wish to access, consultation with the Responsible Authority etc.
At the conclusion of this assessment, the FOI Appeals Manager may either revise or uphold the original decision.
If you wish to make a complaint or request an internal review, contact PRONI in writing, marking your correspondence for the attention of the Freedom of Information (FOI) Appeals Manager.
Information Commissioner
If you are unhappy with the outcome of the Internal review, you may wish to contact the Information Commissioner who will carry out an independent review of your application. The Information Commissioner may either revise or uphold the original decision.