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 Investigator annulled the HSE’s decision.
Date: 15-05-2024
Case Number: OIC-145965-H5J3V5
Public Body: Health Service Executive
Section of the Act.: s.14
Summary: The Senior Investigator varied the Department’s decision. He found that it was justified in refusing access to certain information and records on the basis of sections 31(1)(a) and 37(1) of the FOI Act. He found that it was not justified in refusing access to other information and records on the basis of sections 29(1), 30(1) or 36(1)(b) of the FOI Act and he directed the release of same. He found that the Department was not justified in its reliance on section 15(1)(a) in respect of any further records which may exist. He annulled and remitted this section of the decision for fresh consideration.
Date: 13-05-2024
Case Number: OIC-141363-W0L3K7
Public Body: Department of Social Protection
Section of the Act.: s.15, s.15(1)(a), s.29, s.29(1), s.30, s.30(1), s.31, s.31(1)(a), s.36, s.36(1)(b), s.37, s.37(1),
Summary: The Senior Investigator annulled the decision of the IPS to refuse the applicant’s request under section 15(1)(c) on the basis that it did not first comply with the provisions of section 15(4). He directed it to conduct a fresh decision-making process on the applicant’s request.
Date: 13-05-2024
Case Number: OIC-145535-K6R9Q4
Public Body: Irish Prison Service
Section of the Act.: s.15, s.15(1)(c), s.37, s.37(1),
Summary: The Investigator affirmed the Council’s decision.
Date: 13-05-2024
Case Number: OIC-142389-V5N6Q9
Public Body: Limerick City and County Council
Section of the Act.: s.15, s.15(1)(a), s.37, s.37(1),
Summary: The Investigator affirmed the HSE’s decision. She found that the records were exempt under section 37(1) (personal information) and that the public interest did not weigh in favour of their release. She also found that the applicant was not entitled to access to the records under the Regulations made further to section 37(8) of the FOI Act (i.e. Statutory Instrument No. 218 of 2016).
Date: 13-05-2024
Case Number: OIC-142745-X2Y5Z2
Public Body: Health Service Executive
Section of the Act.: s.30, s.30(1), s.36, s.36(1), s.37, s.37(1), s.37(8),
Summary: The Investigator affirmed the HSE's decision. She found that the records were exempt under section 37(1) (personal information) and that the public interest did not weigh in favour of their release. She also found that the applicant was not entitled to access to the records under the Regulations made further to section 37(8) of the FOI Act (i.e. Statutory Instrument No. 218 of 2016).
Date: 13-05-2024
Case Number: OIC-142745-X2Y5Z2
Public Body: Health Service Executive
Section of the Act.: s.37, s.37(1), s.37(8),
Summary: The Information Commissioner found that sections 29(1), 30(1)(a), 30(1)(b), 30(1)(c), 35(1)(a), 35(1)(b), 36(1)(b), 36(1)(c), 40(1)(a), 40(1)(b), 40(1)(c), and 40(1)(d) of the FOI Act (which, generally speaking, concern deliberative processes, functions and negotiations of public bodies, confidential information, commercial sensitivity, and financial and economic interests of the State) did not apply. He directed the IDA to grant access to the remainder of the record.
Date: 10-05-2024
Case Number: OIC-136347-J9V5B6
Public Body: IDA Ireland
Section of the Act.: s.29, s.29(1), s.30, s.30(1)(a), s.30(1)(b), s.30(1)(c), s.35, s.35(1)(a), s.35(1)(b), s.35(2), s.36,
Summary: The Investigator affirmed the HSE's decision.
Date: 09-05-2024
Case Number: OIC-144449-F3C9P4
Public Body: Health Service Executive
Section of the Act.: s.15, s.15(1)(a),
Summary: The Investigator annulled the Board's decision
Date: 08-05-2024
Case Number: OIC-144884-L6G1S0
Public Body: Legal Aid Board
Section of the Act.: s.14, s.14(1)(a),
Summary: The Investigator annulled the Department's decision to refuse access to additional records under section 15(1)(a), and directed it to conduct a fresh decision-making process in relation to the applicant's request.
Date: 07-05-2024
Case Number: OIC-141075-V8X0D3
Public Body: Department of Foreign Affairs
Section of the Act.: s.15, s.15(1)(a),