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FOI exemptions

Section 42 of the FOI Act 2014 contains a number of mandatory exemptions to enable An Garda Síochána to continue to perform its core functions and to ensure that State security is not compromised.

The exemptions granted include records held or created by the Garda Síochána that relate to any of the following:

  • the Emergency Response Unit;
  • the Secret Service Fund maintained by it;
  • the Special Detective Unit (SDU);
  • the witness protection programme sponsored by it;
  • the Security and Intelligence Section;
  • the management and use of covert intelligence operations;
  • the Interception of Postal Packets and Telecommunications  Messages (Regulation) Act 1993;
  • the Criminal Justice (Terrorist Offences) Act 2005;
  • the Criminal Justice (Surveillance) Act 2009;
  • the Communications (Retention of Data Act) 2001;
  • a record held by the Criminal Assets Bureau;
  • a record relating to an inquiry within the meaning of Section 42 of the Garda Síochána Act 2005, other than a record relating to the appointment of a person to conduct and/or a record relating to the expenses or other matters concerning the general administration of an inquiry under that section.