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 HSE. He found that that it was justified in refusing access to the vast majority of the redacted information under section 37(1) of the FOI Act. He found it was not justified in refusing a small amount of the redacted information and directed its release.
Date: 25-06-2019
Case Number: 190053
Public Body: Health Service Executive
Section of the Act.: s.15, s.15(1)(c),
Summary: The Senior Investigator affirmed the decision of the Hospital.
Date: 25-06-2019
Case Number: 190104
Public Body: St Michael's Hospital
Section of the Act.: s.9
Summary: The Senior Investigator affirmed the decision of the IPS. She found that the record was exempt under section 30(1)(b) (significant adverse effect on management functions, including industrial relations and management of staff) and that, on balance, the public interest would not be better served by granting the request.
Date: 21-06-2019
Case Number: 180466
Public Body: Irish Prison Service
Section of the Act.: s.30, s.30(1)(b),
Summary: The Senior Investigator affirmed the decision of the Council. She found that the withheld record was exempt under section 37(1) of the FOI Act, as release would disclose personal information of individuals other than the applicant. She found that the public interest that the request should be granted does not outweigh the public interest that the right of privacy of those individuals should be upheld.
Date: 21-06-2019
Case Number: 190160
Public Body: Dublin City Council
Section of the Act.: s.37, s.37(1),
Summary: The Senior Investigator affirmed the decision of SOLAS to refuse access to the additional records sought under section 15(1)(a) of the FOI Act on the ground that no further records exist or can be found.
Date: 20-06-2019
Case Number: 190025
Public Body: SOLAS
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator annulled the Council's decision to refuse access to the records and directed it to grant the request.
Date: 20-06-2019
Case Number: 190155
Public Body: Clare County Council
Section of the Act.: s.36, s.36(1)(b), s.36(1)(c), s.40, s.40(1)(d),
Summary: The Senior Investigator affirmed the decision of the Department.
Date: 20-06-2019
Case Number: 180351
Public Body: Department of Employment Affairs and Social Protection
Section of the Act.: s.15, s.37
Summary: The Senior Investigator varied the Agency's decision. She did not accept that sections 30 (functions and negotiations of an FOI body), 35 (confidential information) or 40(1)(d) (unwarranted benefit or loss to a person or class of persons) apply to exempt the records. While she found that section 36(1)(b) (commercial sensitivity) applies, the Senior Investigator found that the public interest weighs in favour of access being granted to the records. She annulled the Agency's refusal of access to the records and directed it to grant access to them subject to the redaction of parts that the applicant agreed could be excluded from the review.
Date: 19-06-2019
Case Number: 180291
Public Body: Housing Agency
Section of the Act.: s.30, s.30(1)(a), s.30(1)(b), s.35, s.35(1)(a), s.35(1)(b), s.35(2), s.36, s.36(1)(b), s.40, s.40(1)(d),
Summary: The Senior Investigator affirmed the Department's decision. She found that the withheld records are exempt under section 33(1)(d) on the basis that their disclosure could reasonably be expected to affect adversely the international relations of the State.
Date: 19-06-2019
Case Number: 190101
Public Body: Department of Finance
Section of the Act.: s.33, s.33(1)(d),
Summary: The Senior Investigator varied the Agency's decision. She did not accept that sections 30 (functions and negotiations of an FOI body), 35 (confidential information) or 40(1)(d) (unwarranted benefit or loss to a person or class of persons) apply to exempt the records. While she found that section 36(1)(b) (commercial sensitivity) applies, the Senior Investigator found that the public interest weighs in favour of access being granted to the records. She annulled the Agency's refusal of access to the records and directed it to grant access to them subject to the redaction of parts that the applicant agreed could be excluded from the review.
Date: 19-06-2019
Case Number: 180291
Public Body: the Housing Agency
Section of the Act.: s.30, s.30(1)(a), s.30(1)(b), s.35, s.35(1)(a), s.35(1)(b), s.35(2), s.36, s.36(1)(b), s.40, s.40(1)(d),