The main function of Freedom of Information (FOI) is to enable the public have access to information used, produced or held by public bodies. The Office of the Information Commissioner is the FOI regulator and can provide appropriate information and guidance on FOI. The DPC cannot help individuals with FOI requests.

FOI is similar to and overlaps with data protection in some ways, because it gives individuals a right to access information including their personal data, and to correct errors. However, there are important differences between FOI and data protection law. These include the persons and organisations to which they apply, the types of information affected and the ways in which individuals can exercise their rights.

FOI applies only to ‘FOI bodies’, which include public bodies such as Government Departments, State Agencies, and certain other organisations that perform public functions. In contrast, data protection law applies to processing of personal data across the public, private, voluntary and charitable sectors.

FOI applies to a broad range of records that can include information – such as statistics, inventories or records of decisions – that do not contain personal data. Data protection is concerned only with one’s own personal data.

There are specific rules governing how individuals can exercise their FOI rights and how public bodies must respond.

As FOI and data protection are governed by to different legislative regimes, it is useful if any individual is contacting an organisation for information or their own personal data, to specify which legislation they are relying upon in making their request.