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 Department?s decision. She found that the information withheld from the records falls outside the scope of the request so that the application of exemptions does not arise in relation to it. She found that section 15(1)(a) of the FOI Act applies to the applicant?s request insofar as it relates to any additional records. She further found that the search and retrieval fees charged by the Department were justified under the FOI Act.
Date: 15-05-2020
Case Number: OIC-56012-X2W6G7 AND OIC-55962-L4C6Y3
Public Body: Department of Finance
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator found that the Council was not justified in refusing the applicant's request under section 15(1)(g). He annulled the Council's decision and directed that it undertake a fresh decision-making process on the applicant's request
Date: 15-05-2020
Case Number: OIC-61234-G3P5Q6
Public Body: Clare County Council
Section of the Act.: s.15, s.15(1)(g),
Summary: The Senior Investigator affirmed the Department's decision under section 29(1) of the Act (deliberative processes).
Date: 14-05-2020
Case Number: OIC-61162-L2X4Y0
Public Body: Department of Transport, Tourism and Sport
Section of the Act.: s.29, s.29(1),
Summary: The Senior Investigator affirmed the HSE's decision to refuse access to the records sought under section 37(1).
Date: 14-05-2020
Case Number: OIC-61318-T7P8Q3
Public Body: Health Service Executive
Section of the Act.: s.37, s.37(1), s.37(8),
Summary: The Senior Investigator affirmed the SEAI's decision. She found that the record contained joint personal information and was exempt under section 37(1) of the FOI Act. She found that the public interest in upholding the right to privacy outweighed the public interest in granting the request.
Date: 14-05-2020
Case Number: OIC-62284-S9K2T2
Public Body: Sustainable Energy Authority of Ireland
Section of the Act.: s.37, s.37(1), s.37(7),
Summary: The Senior Investigator varied the decision. She affirmed the decision of the LGMA under section 15(1)(a). She annulled its decision to refuse access to records under sections 30(1)(b) and 32(1)(a)(iv) of the FOI Act. She directed the release of parts of the records. She found that section 37 (Personal Information) applied to exempt other parts of the records. She found that the public interest in granting access to the withheld information does not outweigh the public interest in upholding the right to privacy of third parties.
Date: 13-05-2020
Case Number: OIC-55860-Z9K1P3
Public Body: Local Government Management Agency
Section of the Act.: s.15, s.15(1)(a), s.30, s.30(1)(b), s.32,
Summary: The Senior Investigator affirmed the decision of the Defence Forces.
Date: 08-05-2020
Case Number: OIC-56630-X7C7C0
Public Body: Defence Forces
Section of the Act.: s.9, s.9(10),
Summary: The Senior Investigator affirmed the decision of the Institute.
Date: 08-05-2020
Case Number: OIC-61240-F5J8Q2
Public Body: Institute of Technology Carlow
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator annulled the Department's decision to refuse access to the record under section 15(1)(c) and directed the Department to undertake a fresh consideration of the applicant's FOI request in accordance with the provisions of the FOI Act.
Date: 08-05-2020
Case Number: OIC-62564-N0B9F2
Public Body: Department of Communications, Climate Action and Environment
Section of the Act.: s.15, s.15(1)(c), s.15(4),
Summary: The Senior Investigator affirmed the decision of the Department.
Date: 05-05-2020
Case Number: OIC-59124-F4M4H9
Public Body: Department of Transport, Tourism and Sport
Section of the Act.: s.42, s.42(k), s.11