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 found that the section 38 requirements were not applied correctly in this case and annulled the decision of the CCPC.
Date: 11-12-2019
Case Number: OIC-59353-R8R9C2
Public Body: Competition and Consumer Protection Commission
Section of the Act.: s.38
Summary: The Senior Investigator varied the decision of the NMBI. He found that section 37 applied to some information in the report and directed that the remainder of the relevant parts of the report be released.
Date: 10-12-2019
Case Number: OIC-55040-N5K5X8
Public Body: Nursing and Midwifery Board of Ireland
Section of the Act.: s.38
Summary: The Senior Investigator affirmed the decision of the HSE.
Date: 09-12-2019
Case Number: OIC-53290-Z3D2W2 (190043)
Public Body: Health Service Executive
Section of the Act.: s.17, s.17(4),
Summary: The Senior Investigator affirmed the decision of the Department. He found that no right of access exists to any such records created before the effective date applicable to the Department, i.e. 21 April 1998.
Date: 05-12-2019
Case Number: OIC-53284-L6M0N7 (190028)
Public Body: Department of Education and Skills
Section of the Act.: s.11
Summary: The Senior Investigator affirmed the decision of the Council.
Date: 05-12-2019
Case Number: OIC-57328-Y8P2X8
Public Body: Clare County Council
Section of the Act.: s.42, s.42(m),
Summary: The Senior Investigator varied the decision. She found that section 15(1)(a) of the FOI Act applied in relation to any further records within the scope of the request as made. She found that Pobal was justified in refusing access to parts of records under section 36(1)(b) and, in the case of part of one record under 37(1) of the Act. She found that the public interest did not weigh in favour of granting access to those parts. She annulled Pobal?s decision to refuse access to a small part of one record and directed its release.
Date: 03-12-2019
Case Number: OIC-53440-S4K9R7 (190191)
Public Body: Pobal
Section of the Act.: s.36, s.36(1), s.37, s.37(1),
Summary: The Senior Investigator affirmed the Agency's decision. She found that the applicant was not entitled access to withheld information in the records under section 37 of the FOI Act. She found that the public interest in granting the request does not outweigh the public interest in upholding the right to privacy of the various third parties.
Date: 03-12-2019
Case Number: OIC-53502-D4F0C9 (190239)
Public Body: TUSLA
Section of the Act.: s.37, s.37(1),
Summary: The Senior Investigator affirmed the decision of the RSA to refuse access to the records sought under section 15(1)(a) of the FOI Act.
Date: 02-12-2019
Case Number: OIC-57170-Q0R6J6
Public Body: Road Safety Authority
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator affirmed the HSE?s decision. She found that the spreadsheet contains personal information that is exempt under section 37 of the FOI Act. In her consideration of the public interest at section 37(5) she found that the public interest in granting access to the record does not outweigh the public interest in upholding the right to privacy of the third parties.
Date: 28-11-2019
Case Number: OIC-54676-N8B4F3
Public Body: Health Service Executive
Section of the Act.: s.2, s.2(1), s.37, s.37(1),
Summary: The Senior Investigator annulled the decision of the Department. He found that section 29(1) and 30(1)(b) did not apply and that the Department had not properly considered the applicability of section 36(1)(b). He directed the Department to undertake a fresh decision making process in respect of the record.
Date: 26-11-2019
Case Number: OIC-53237-Y3C8G9 (180402)
Public Body: Department of Agriculture, Food and the Marine
Section of the Act.: s.36, s.36(1)(b), s.29