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 varied the decision. She found that the HSE was justified in its decision to refuse access to withheld information in records on the basis of sections 15(1)(d), 30(1)(b), 30(1)(c) and 37(1) of the FOI Act. She annulled the HSE?s decision to refuse access to withheld information in other records under sections 31(1)(a) and 36(1)(b) & (c) and directed the release of some of the information. She annulled the HSE?s effective refusal of access under section 15(1)(a) and directed it to undertake a fresh consideration of whether certain other records were held or could be found after reasonable searches.
Date: 30-09-2019
Case Number: OIC-53232-L0S4C4 (180276)
Public Body: Health Service Executive
Section of the Act.: s.15, s.15(1)(a), s.15(1)(d), s.30, s.30(1)(b), s.30(1)(c), s.31, s.31(1)(a), s.36, s.36(1)(b), s.36(1)(c), s.37, s.37(1),
Summary: The Senior Investigator affirmed the decision of RTÉ.
Date: 30-09-2019
Case Number: OIC-53582-X8G4V3 (190303)
Public Body: RTÉ
Section of the Act.:
Summary: The Senior Investigator varied the Regulator's decision. She found the records to be exempt under section 36(1)(b) (commercially sensitive information). With the exception of one paragraph which she directed the Regulator to withhold, she found that that the public interest weighed in favour of releasing the records
Date: 27-09-2019
Case Number: OIC-53377-L3M2J2
Public Body: Office of the Regulator of the National Lottery
Section of the Act.: s.35, s.35(1)(a), s.35(1)(b), s.36, s.36(1)(b),
Summary: The Senior Investigator varied the Department's decision on the request. She found that certain records are exempt under sections 28(1)(a) (draft Memorandum for Government), 28(1)(c) (information for Minister's use at Cabinet meeting), 29(1) (deliberative processes) and 33(1)(d) (international relations of the State) of the FOI Act. She found that the remaining records are not exempt and directed the Department to release them.
Date: 27-09-2019
Case Number: OIC-53492-Q7K1J1
Public Body: Department of Finance
Section of the Act.: s.28, s.28(1)(a), s.28(1)(c), s.29, s.29(1), s.33, s.33(1)(d),
Summary: The Senior Investigator affirmed the Council's decision. He found that it had provided an adequate statement of reasons which complied with section 10 of the FOI Act in respect of that part of the applicant's request that identified an act of the Council in which she had a material interest. He found that the applicant was not entitled to statements of reasons in respect of the remainder of her request.
Date: 27-09-2019
Case Number: OIC-53517-S2C5B8
Public Body: Galway County Council
Section of the Act.: s.10
Summary: The Senior Investigator affirmed Enable Ireland?s decision.
Date: 27-09-2019
Case Number: OIC-53551-K9W2Y8
Public Body: Enable Ireland
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator affirmed Enable Ireland's decision under section 10 of the FOI Act. He found that it had provided an adequate statement of reasons which complied with section 10 of the FOI Act in respect of parts of the applicant's request. He found that the applicant was not entitled to statements of reasons in respect of the remainder of her request
Date: 27-09-2019
Case Number: OIC-53552-J5B7W6
Public Body: Enable Ireland
Section of the Act.: s.10
Summary: The Senior Investigator affirmed the Department?s decision under section 10 of the FOI Act. He found that it had provided an adequate statement of reasons which complied with section 10 of the FOI Act and that the applicant was not entitled to statements of reasons in respect of the remainder of her request.
Date: 27-09-2019
Case Number: OIC-53843-T4T9N1
Public Body: Department of Employment Affairs and Social Protection
Section of the Act.: s.10
Summary: The Senior Investigator varied the decision of TUSLA. While he found that TUSLA was justified in refusing access to the vast majority of the information at issue under section 37 of the FOI Act, he directed the release of two pages in full.
Date: 26-09-2019
Case Number: OIC-53289-V1B5Z8 (190041)
Public Body: TUSLA
Section of the Act.: s.37, s.37(1),
Summary: The Senior Investigator affirmed the Revenue's refusal of the record. She noted that it was concerned with the tax affairs of the applicant and other companies within a company group. She found that granting access to information about those other companies would breach the duty of confidence owed by the Revenue to them. She found that section 35(1)(b) applies. Although some small parts of the record relate solely to the applicant, she did not consider the provisions of section 18 to require their disclosure.
Date: 26-09-2019
Case Number: OIC-53437-W0B0Y6
Public Body: Office of the Revenue Commissioners
Section of the Act.: s.35, s.35(1)(b),