What you need to know
- The number of FOI requests made to digital services and tech sector regulators subject to the Freedom of Information Act 2014 has significantly increased since 2022.
- The percentage of FOI requests being granted, or partially granted, has also increased.
- Journalists account for a growing percentage of these FOI requests made to sector regulators.
- Most of the FOI requests made sought access to third-party records held by the regulator.
Introduction
Recent annual reports and FOI disclosure logs published by key tech and digital service regulators, such as Coimisiún na Meán (CnaM), the Competition and Consumer Protection Commission (CCPC) and the Data Protection Commission (DPC), reveal some notable trends that tech companies should be aware of when interacting with their respective regulators.
CnaM and the CCPC play a significant role in the regulation of digital services, online platforms and the provision or deployment of AI. Both are also FOI bodies that fall fully within the scope of the Freedom of Information Act 2014 (FOI Act). As a result, information provided by or about a regulated entity to either regulator could be released to the world-at-large as part of an access request made under the FOI Act.
The DPC is also a key regulator in this sector. However, the DPC is a “partially included agency” under the FOI Act. This means that the FOI right of access only applies to records related to its internal administration, and not to its regulatory and enforcement functions. This limitation does not apply to CnaM or the CCPC.
FOI requests
There is no restriction on who can make an FOI request to an FOI body, including CnaM, the CCPC and the DPC. The requester does not need to demonstrate a particular interest in the records. Therefore, anyone, from anywhere in the world, can make an FOI request to access records held by these FOI bodies, including for example an employee, a journalist, a competitor or simply an interested member of the public.
Where an FOI request is received, the FOI body is the relevant decision-maker under the FOI Act and decides whether the records, or any part of them, are exempt from disclosure. While the information might relate to, or have been provided by, a third party, including a regulated entity, that third party does not have the right to veto disclosure of the records held by the FOI body.
The applicability of the FOI exemptions will depend on the nature or contents of the specific records, or the circumstances surrounding the records. This usually means the particular harm that might arise if the records are released, and the likelihood of that harm arising. Consequently, whether any FOI exemptions apply will be assessed by the FOI body on a record-by-record basis.
FOI request trends
The period 2022 to 2025 saw a significant increase in the number of FOI requests submitted to CnaM, the CCPC and the DPC:
- For CnaM, from 15 requests in 2022, to 62 in 2024 and 67 requests in 2025, and
- For the CCPC, from 7 requests in 2022 to 32 requests in 2023, 27 requests in 2024 and 21 requests in 2025.
There was also a clear uptick in the number of FOI requests being granted, or partially granted, by CnaM and the CCPC, in the same period.
- For CnaM, from 26% of requests granted in 2022, to 61% in 2024 and 60% in Q1 to Q3 2025, and
- For the CCPC, from 28% of requests granted in 2022 to 66% in 2024 and 48% in 2025.
The DPC represents an interesting, albeit unsurprising, outlier given its “partially included” status. The number of FOI requests does still trend upwards - from 40 requests in 2022 to 68 requests in 2025. However, the vast majority, approximately 75%, of FOI requests received by the DPC were rejected on the grounds that they were out of scope of the FOI Act.
The subject matter of the FOI requests to these three regulators varied widely. For example:
- Many of the FOI requests made to CnaM related to the same significant events or activities, namely the Digital Services Act, meetings between CnaM and representatives of the US Government and CnaM’s expenditure.
- FOI requests were made to the CCPC for records relating to internal CCPC audits, correspondence with regulated entities concerning product recalls or faulty products, records related to specific investigations or compliance reports, and complaints concerning specified individuals or entities. Requests were also made for agreements with other state bodies, including data sharing agreements.
- FOI requests were made to the DPC for records relating to the civil service mobility scheme and the DPC’s expenditure and/or auditing.
The majority of FOI requests made to all three regulators concerned information related to third parties. This included correspondence between the FOI body and a third party, or complaints made to the FOI body about a regulated entity.
The identity of the requesters behind these FOI requests is also interesting. Journalists feature heavily and, between 2022 and 2025, accounted for:
- 51% of FOI requests made to CnaM
- 40% of FOI requests made to the CCPC, and
- 55% of FOI requests made to the DPC.
This runs counter to broader FOI trends. Of the 46,277 FOI requests made in 2025, journalists accounted for just 16%. This points to a heightened media interest in records held by the key regulators in this dynamic and trending sector.
Comment
The period 2022-2025 has seen increasing interest and success in accessing information held by key digital services and tech sector regulators in Ireland. The majority of these requests related to information from or about third parties and their interactions with the regulator.
For this reason, regulated entities should be alive to the risk that information submitted to or communications with these regulators could become the subject of an FOI request and take appropriate steps to highlight to the regulator if any information is confidential and commercially sensitive or should otherwise be considered as exempt under the FOI Act.
For more information and expert guidance contact a member of our Public, Regulatory & Investigations team.
The content of this article is provided for information purposes only and does not constitute legal or other advice.
