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 of the HSA. He found that it was not justified in refusing access to the three records at issue apart from details of the names, contact details and occupations of third parties within the records that he found to be exempt from release under section 37(1)
Date: 08-08-2019
Case Number: OIC-53239-D4Z0H4 (180418)
Public Body: Health and Safety Authority (the HSA)
Section of the Act.: s.30, s.30(1)(a), s.36, s.36(1)(b), s.37, s.37(1), s.35
Summary: The Senior Investigator affirmed the HSE's refusal of further records or parts of records under section 15(1)(a) (reasonable searches carried out and records do not exist) and section 15(1)(i) (records already released) of the FOI Act
Date: 08-08-2019
Case Number: OIC-53433-K9J9G6 (PREVIOUSLY 190182)
Public Body: Health Service Executive
Section of the Act.: s.15, s.15(1)(a), s.15(1)(i),
Summary: The Senior Investigator found that Revenue was not justified in its decision to extend the period for consideration of the applicant's FOI request
Date: 02-08-2019
Case Number: OIC-53372-P2R2R8 (190116)
Public Body: Office of the Revenue Commissioners
Section of the Act.: s.14
Summary: The Senior Investigator affirmed the decision of the SEC.
Date: 02-08-2019
Case Number: OIC-53504-B7J5D
Public Body: State Examinations Commission
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator found that the section 38 requirements were not applied correctly in this case and annulled the decision of the HSE.
Date: 01-08-2019
Case Number: OIC-54364-Y8M2Y7
Public Body: Health Service Executive
Section of the Act.: s.38
Summary: The Senior Investigator varied the decision of the IPS. He found that it was justified, under section 32(1)(b), in refusing access to the identities of IPS and AGS staff members contained in the relevant record. He found that it was not justified in refusing access to the remaining information withheld from the record under section 35(1)(a) but that a small amount of the information was exempt under section 37(1).
Date: 01-08-2019
Case Number: OIC-53243-G5W8T5 (180456)
Public Body: Irish Prison Service
Section of the Act.: s.32, s.32(1)(b), s.35, s.35(1), s.35(2), s.37, s.37(1),
Summary: The Senior Investigator affirmed the Department?s decision. She found that one of the withheld records is exempt under section 15(1)(d) of the FOI Act on the basis that it is in the public domain. She found that the rest of the records are exempt under section 36(1)(b) on the basis that their disclosure could prejudice the competitive position of the Council and other parties in the conduct of their business of progressing the relevant projects. She found that the public interest does not weigh in favour of granting access to them.
Date: 01-08-2019
Case Number: OIC-53307-W8C7Q (190067)
Public Body: Department of Housing, Planning and Local Government
Section of the Act.: s.15, s.15(1)(d), s.36, s.36(1)(b),
Summary: The Senior Investigator varied the decision of TII. She found that TII was justified in its decision to refuse access to withheld information in records on the basis that section 30(1)(a) of the FOI Act applied. She varied TII's decision to refuse access to withheld information in certain records under section 36 and directed the release of some of the information. She found that information in one record is exempt on the basis of section 37(1) of the FOI Act, since the withheld information contains the personal information of individuals other than the applicant. She found that the public interest in granting the request did not outweigh the public interest in upholding the privacy rights of those individuals.
Date: 31-07-2019
Case Number: OIC-53257-F7M2R7 (180474)
Public Body: Transport Infrastructure Ireland
Section of the Act.: s.30, s.30(1)(a), s.37, s.37(1), s.36
Summary: The Senior Investigator affirmed the decision of the Defence Forces. She found that the release of the remaining withheld parts of the records could reasonably be expected to prejudice or impair the fairness of civil proceedings in a court or other tribunal. She also found that the limited public interest test at section 32(3) did not apply to the records sought.
Date: 30-07-2019
Case Number: OIC-53310-S3B3B8 (190080)
Public Body: Defence Forces
Section of the Act.: s.32, s.32(1)(a)(iv),
Summary: The Senior Investigator affirmed the decision of the Defence Forces. She found that the release of the remaining withheld parts of the records could reasonably be expected to prejudice or impair the fairness of civil proceedings in a court or other tribunal. She also found that the limited public interest test at section 32(3) did not apply to the records sought.
Date: 30-07-2019
Case Number: OIC -53311-W4K8T5 (190081)
Public Body: Defence Forces
Section of the Act.: s.32, s.32(1)(a)(iv),