Your Rights Under the Freedom of Information Act 2014
Under the Freedom of Information Act 2014, you have the right to:
- Access Patient Medical Records and Staff Records held by the National Orthopaedic Hospital Cappagh, which contain personal information relating to you.
- Instruct changes to your personal information if you believe it to be incorrect, incomplete or misleading
- Request and receive an explanation for decisions made by the Hospital that affect you
The National Orthopaedic Hospital Cappagh can limit access to information in certain circumstances. If information is withheld in whole or in part, we will provide an explanation for our refusal to satisfy your request.
If you wish to learn more about your rights under the Freedom of Information Act 2014, click http://www.irishstatutebook.ie/eli/2014/act/30/enacted/en/index.html
Requesting Personal Information
If you would like to access to personal information, please submit your request by email or by post. Requests should:
- state a request is being made under the Freedom of Information Act 2014
- provide comprehensive details to assist file retrieval
- be accompanied by formal identification (copy of passport or driving license)
Contact:
foi@nohc.ie
Postal Address:
Freedom of Information Officer
National Orthopaedic Hospital Cappagh
Cappagh Road
Finglas
Dublin 11
D11 EV29
Timelines
We will acknowledge your application for information under the Freedom of Information Act 2014 within 2 weeks of receipt and we endeavour to supply the information requested within 4 weeks of the date of receipt. Delays can occur if your request pertains to a large number of files or in instances where multiple requests are received simultaneously. In this event, we will notify you of the delay and indicate when you are likely to receive a response to your request.
Requesting information relating to a Deceased Person
Applications for information relating to a deceased person can be submitted by the next of kin or a family member, however, the Hospital can exempt certain information from release if it considers the information to be confidential, commercially sensitive or to contain personal information relating to third parties. The Hospital is also permitted to refuse ambiguous and impractical requests for large volumes of information. In this event, the Freedom of Information Officer may be able to assist you by exploring a more practical approach to information retrieval.
If you wish to request access to information relating to a deceased person, please send an email or letter to the Freedom of Information Officer. Requests should:
- provide comprehensive details to enable file retrieval
- be accompanied by formal identification (copy of passport or driving license)
- confirm your relationship to the deceased person
- include a copy of the death certificate
Contact:
foi@nohc.ie
Post Address:
Freedom of Information Officer
National Orthopaedic Hospital Cappagh
Cappagh Road
Finglas
Dublin 11
D11 EV29
Charges
Requests for Personal Information are free of charge:
If you wish to access Non-Personal Information the following fees apply:
- 0-5 hours file search and retrieval – free of charge
- €20 per hour thereafter, up to a maximum charge of Max €500
- Requests valued in excess of €700 will be refused, however, we may be able to work with you to narrow the scope of your request and associated fees.
Appeal decisions
If your request for information is denied or delayed, or you disagree with the charges for the supply of information or the form of information provision, you can submit an appeal to the Hospitals Internal Reviewer. Appeals must be submitted within 4 weeks of the original decision and sent to:
Postal Address:
Chief Executive Officer
National Orthopaedic Hospital Cappagh
Cappagh Road
Finglas
Dublin 11
D11 EV29
We will complete an internal review and notify you of our decision within three weeks from request.
Note – An application for an internal review that is not completed within three weeks is deemed to be a refusal. The applicant can then proceed to review by the Information Commissioner without waiting for the hospital to communicate its decision
If you remain dissatisfied with the outcome of the internal review, you can seek an independent external review from the Information Commissioner.
Appeals to the Information Commissioner
Appeals to the Information Commissioner must be made in writing within six months and sent to the following address:
The Information Commissioner
18 Lower Leeson Street
Dublin 2
D02 HE97
+353 (01) 6395689
foi@ombudsman.irlgov.ie
Charges for Appeals to the Information Commissioner
- Appeals relating to personal information access are free of charge
- Non-Personal Information Charges €50 (€15 medical cardholder)
Note – The Information Commissioner will advise an applicant of their decision within four months.
Appeal to the High Court
A person affected by a decision of the Information Commissioner may appeal to the High Court on a Point of Law only.
Freedom of Information Decision-Makers
The Decision Makers on FOI requests in The National Orthopaedic Hospital Cappagh are:
- Freedom of Information Officer
- Chief Executive Officer.
- Director of Human Resources / Operations
Can I get access to any information I seek?
Any official information held by public bodies can be sought under the Act. However, in defined circumstances, it will sometimes be necessary to exempt from release certain types of information. These are set out in Section 19-32 of the Act. Some key exemptions are records relating to:
- Personal information (other than information relating to the person making the request)
- Information supplied to the Hospital in confidence
- Law enforcement and public safety
- Commercially sensitive information
- Deliberations of the Hospital
- Functions and negotiations of the Hospital
Hours of Service
Monday – Wednesday: 9.30 am – 1.30 pm
FOI Contact Information
For further information and assistance in making a request under FOI, please contact:
Postal Address:
The Freedom of Information Officer,
National Orthopaedic Hospital,
Cappagh Road
Finglas
Dublin 11
D11 EV29
What is data protection?
When you give your personal details to an organisation or individual, they are legally obliged to keep these details private and safe. This process is known as data protection
When do these rights apply?
You have the right to data protection when your details are:
- Held on a computer
- Held on paper or another manual form as part of a filing system
- Made up of photographs or video recordings of your image or recordings of your voice
What is the aim of these rights?
Data protection rights will help you to make sure that the information stored about you is:
- Factually correct
- Only available to those who should have it
- Only used for stated purposes
Frequently Asked Questions
How can I see what information the hospital holds about me?
Under section 4 of the General Data Protection Regulation (GDPR), you have a right to obtain a copy, clearly explained, of any information relating to you kept on computer or in a structured manual filing system or intended for such a system by the National Orthopaedic Hospital Cappagh. In summary, you have a right to access any electronic or manual data that the hospital holds about you.
- Under the GDPR the hospital will provide a person with a copy of their personal data held by the hospital on request, free of charge.
There are a number of ways that you can request your data under GDPR.
- Complete, sign and date the Data Protection Subject Access Request Form and post it to the Data Protection Officer (DPO) at the address below or email it to dpo@nohc.ie
- Send an email to the DPO at dpo@nohc.ie with specific information about the data you require. Please state in the email that the request is being made under GDPR and include the following details in your request:
- Family name
- First name
- Phone number
- Current Address
- Previous Address if applicable
- Enough information to allow the hospital to find the records
- Details of the exact records requested
- We do NOT accept access requests via telephone or text message.
- Proof of identity and address shall accompany every Access Request.
Queries:
dpo@nohc.ie
+353 (01) 814 0447: +353 1 814 0447
Postal Address:
Data Protection Officer
National Orthopaedic Hospital Cappagh,
Cappagh Road,
Finglas,
Dublin 11
D11 EV29
How long does an organisation have to respond to my access request?
Under GDPR, an access request must be responded to within 30 days from the date of your access request.
Are there any exceptions to the right of access?
Yes. Section 5 of the GDPR sets out a small number of circumstances in which your right to see your personal records can be limited. This is necessary in order to strike a balance between the rights of the individual, on the one hand, and some important needs of civil society, on the other hand. (Link to further information)
For example, a criminal suspect does not have a right to see the information held about him by An Garda Síochána where that would impede a criminal investigation. Similarly, you do not have a right to see communications between a lawyer and his or her client, where that communication would be subject to legal privilege in court.
The right of access to medical data and social workers’ data is also restricted in some very limited circumstances, where the health and mental well-being of the individual might be affected by obtaining access to the data.
Your right to obtain access to examination results and to see information relating to other people is also curtailed. Further details on all of these points can be obtained by clicking on this link.
Can I access my medical records under the General Data Protection Regulation (GDPR)?
The right to access your personal data is a basic right and applies by law regardless of the type of body or entity which is holding your personal data. Accordingly, you have a basic right to access your personal data held by a doctor, hospital, consultant treating you in a private capacity etc. The only variation on this requirement is where in the opinion of the health professional or facility the release to you of the information could potentially be damaging to your physical or mental health. Routine medical Access requests are dealt with by the medical records department in the National Orthopaedic Hospital Cappagh.
What can I do if I find that personal data held about me is incorrect?
If you discover that information kept about you by the hospital is factually inaccurate, you have a right to have that information rectified or, in some cases you may also have the information erased. You can exercise your rights in this area by simply writing to the hospital keeping your data specifying your views.
Can I access/amend information in relation to a deceased relative?
The rights to access/amend under GDPR only applies to the personal data of living individuals. The right to access/amend the information of deceased persons falls under the FOI Act.
How long can an organisation retain employee data?
General Data Protection Regulation (GDPR) states that personal information held by Data Controllers (The hospital) should be retained for no longer than is necessary for the purpose or purposes for which it was obtained.
Personal data is collected and processed on employees of the hospital for the duration of employment and for 7 years after cessation of employment.
Can my employer post my photograph on the internet/intranet without my consent?
A photograph of a person constitutes their personal data and therefore any use of that photograph must be in accordance with the Data Protection Acts.
Staff should be informed of all such uses that will be made of their image and given an opportunity to object to such use.
In accordance with the Patient Charter produced by the Department of Health, you have the right to:
Quality of care
- Expect a high standard of care
Information
- Information about your treatment so that you can give informed consent for surgical procedures
- Access your health records
Privacy, dignity and respect
- Have your privacy respected
- Be treated with dignity and in a courteous manner at all times
- Be treated with respect for your religious and philosophical beliefs
Refuse participation in teaching, research and clinical trials
- Refuse to participate in the teaching of medical students by your consultant
- Refuse to participate in clinical trials or research
Complain
Complain about any aspect of hospital service, to have the complaint investigated and to be informed of the outcome
Complaints Policy
If you would like to submit a complaint to the hospital, you can do so by writing to:
Postal Address:
Complaint Officer
National Orthopaedic Hospital Cappagh,
Cappagh Road,
Finglas,
Dublin 11
D11 EV29
The Complaint Officer will acknowledge receipt of the complaint, investigate the issue and confirm findings and proposed actions.
Smoking
This is a smoke-free campus. Smoking is prohibited in the hospital building and on hospital grounds.
Alcohol and Illegal Drugs
The possession and consumption of alcohol and illegal drugs are strictly prohibited on the Hospital campus.
Prohibited Areas
In the interest of patient safety, the use of mobile phones is prohibited in certain areas of the hospital as mobile phone transmissions may interfere with medical equipment.
Respect for Other Patients
Mobile phone usage is permitted in corridors, on the ward and in public areas, however, we ask that users speak in low tones and respect patients in the vicinity.
Ring Tones
Mobile ring tones can be confused with hospital alarm systems and we respectfully request that all phones are placed on silent or vibrate.
Photography and Recording
Patients are prohibited from taking recordings, photographs or videos using their phone or another recording device.
The Code of Conduct for Employees and Directors defines the NOHC’s behavioural expectations and standards for employees and directors at the Hospital. Click here to learn more.