OIC Decisions
Decisions issued from January 2022 onwards can be found here. Earlier decisions will be uploaded in the coming months. If you require an earlier decision then please email us at info@oic.ie
Decisions issued from January 2022 onwards can be found here. Earlier decisions will be uploaded in the coming months. If you require an earlier decision then please email us at info@oic.ie
Summary: The Senior Investigator affirmed the decision of the Department under section 15(1)(a) of the FOI Act on the ground that no further records containing the information sought exist.
Date: 20-05-2021
Case Number: OIC-101899-T6Z2B4
Public Body: Department of Agriculture, Food and the Marine
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator affirmed the ODCE's decision on the ground that the Act does not apply to any relevant records, if they exist, pursuant to Schedule 1, Part 1(g) of the Act.
Date: 19-05-2021
Case Number: OIC-103501-B2K5Z9
Public Body: Office of the Director of Corporate Enforcement
Section of the Act.:
Summary: The Senior Investigator varied the Council's decision. She found that the Council was not justified in relying on section 15(1)(a) (reasonable searches). She annulled this part of its decision and directed the Council to make a fresh decision on the matter. She found that the Council was not justified in relying on section 30(1)(a) (negotiations of an FOI body). She found that sections 36(1)(b) (commercial sensitivity) and 37(1) (personal information) apply to most of the details at issue and that the public interest weighs in favour of refusing access to the information concerned. She directed the release of the remaining parts of the records.
Date: 19-05-2021
Case Number: OIC-95426-K1G3S2
Public Body: Wicklow County Council
Section of the Act.: s.15, s.15(1)(a), s.30, s.30(1)(a), s.30(1)(c), s.36, s.36(1)(b), s.36(1)(c), s.37, s.37(1),
Summary: The Senior Investigator affirmed the Council's decision. She found that section 37(1) (personal information) applied to the records and that the public interest did not weigh in favour of their release.
Date: 18-05-2021
Case Number: OIC-102272-F6R3D3
Public Body: Galway County Council
Section of the Act.: s.37, s.37(1),
Summary: The Senior Investigator affirmed TUSLA's decision. She found that section 37(1) applies to the records and that the public interest does not weigh in favour of their release. She also found that no right of access arose further to Regulations made under section 37(8) of the FOI Act.
Date: 18-05-2021
Case Number: OIC-102643-J5H5J8
Public Body: TUSLA: Child and Family Agency
Section of the Act.: s.37, s.37(1), s.37(8),
Summary: The Senior Investigator annulled the decision. He found that the Defence Forces was not justified in redacting the names of staff under section 37 of the Act and directed the release of that information. He also found that the Defence Forces had not conducted all reasonable searches in an effort to locate all relevant records. He directed it to undertake a fresh decision-making process in respect of the applicant's request.
Date: 18-05-2021
Case Number: OIC-104799-C6L2N4
Public Body: Defence Forces
Section of the Act.: s.15, s.15(1)(a), s.37
Summary: The Senior Investigator affirmed Revenue's decision.
Date: 18-05-2021
Case Number: OIC-67725-S4Q4S3
Public Body: Office of the Revenue Commissioners
Section of the Act.: s.15, s.15(1)(a), s.29, s.29(1), s.30, s.30(1)(a), s.32, s.32(1),
Summary: The Senior Investigator varied the decision of the Department. He found that the Department was justified in refusing access, under section 37(1), to the vast majority of the records. He found that it was not justified in refusing access, under section 36(1), to a contract extension letter and directed its release with the redaction of the name of the recipient, under section 37(1).
Date: 18-05-2021
Case Number: OIC-91419-Q6T7W3
Public Body: Department of Children, Equality, Diversity, Integration and Youth
Section of the Act.: s.36, s.36(1), s.37, s.37(1),
Summary: The Senior Investigator affirmed the decision of TUH.
Date: 17-05-2021
Case Number: OIC-102826-F2R3R8
Public Body: Tallaght University Hospital
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator affirmed the decision of the Department.
Date: 17-05-2021
Case Number: OIC-103919-R5M9N8
Public Body: Department of Foreign Affairs
Section of the Act.: s.37, s.37(1),