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 HSE's decision. She found that it was justified in refusing access to the majority of the information under section 37 of the FOI Act, as it relates to the personal information of identifiable individuals and the public interest in granting the request does not outweigh the public interest in upholding the right to privacy. She found that it was not justified in refusing the remaining information and directed its release.
Date: 24-04-2019
Case Number: 180480
Public Body: Health Service Executive
Section of the Act.: s.30, s.35, s.37
Summary: The Commissioner affirmed the decision of the AG's Office.
Date: 17-04-2019
Case Number: 180029
Public Body: Office of the Attorney General
Section of the Act.: s.42
Summary: The Senior Investigator varied the decision of the Department. She found that it had not demonstrated how section 42(h) applied to the majority of the information in the records sought and she directed their release. She directed that such release be subject to the redaction of certain details, which she found to fall outside of FOI by reason of section 42(h) of the FOI Act. She also directed the Department to carry out a fresh decision making process on additional records identified during the review and falling within the scope of the request.
Date: 17-04-2019
Case Number: 180527
Public Body: Department of Business, Enterprise and Innovation
Section of the Act.: s.42, s.42(h),
Summary: The Senior Investigator affirmed the Department's refusal to grant the request under 37(1) (personal information of third parties) of the FOI Act. In her consideration of the public interest at section 37(5) she found that the public interest in granting the request does not outweigh the public interest in upholding the right to privacy of the third parties.
Date: 17-04-2019
Case Number: 180529
Public Body: The Department of Agriculture, Food and the Marine
Section of the Act.: s.37, s.37(1),
Summary: You can search for decisions here. The FOI Act 2014 replaced the FOI Acts 1997 and 2003. The filters on the left allow you to find decisions based on whether they are pre 2014 or post 2014. Please note that the sections of the 2014 Act do not necessarily correspond to the sections of the old Acts. 180416 Ms X and Department of Employment Affairs and Social Protection(FOI Act 2014) The Senior Investigator affirmed the decision of the Department to refuse access to the records sought under section 15(1)(a) of the FOI Act.
Date: 16-04-2019
Case Number: 180416
Public Body: Department of Employment Affairs and Social Protection
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator affirmed TUSLA's decision to refuse access to the records sought under section 15(1)(a) on the ground that they do not exist.
Date: 15-04-2019
Case Number: 180332
Public Body: TUSLA: The Child and Family Agency
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator affirmed the decision of the HSE.
Date: 15-04-2019
Case Number: 180497
Public Body: Health Service Executive
Section of the Act.: s.15, s.15(1)(a), s.37, s.37(1),
Summary: The Senior Investigator affirmed the decision of the HSE. He found it was justified in redacting the information at issue under section 37 of the FOI Act, having considered the provisions of section 37(8) and the regulations made under that subsection.
Date: 12-04-2019
Case Number: 180540
Public Body: Health Service Executive
Section of the Act.: s.37, s.37(8),
Summary: The Senior Investigator affirmed the decision of the Department. She found that section 37(1) of the FOI Act applied to the records, 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: 10-04-2019
Case Number: 180454
Public Body: Department of Employment Affairs and Social Protection
Section of the Act.: s.37
Summary: The Senior Investigator affirmed the decision of the HSE.
Date: 09-04-2019
Case Number: 180526
Public Body: Health Service Executive
Section of the Act.: s.37