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 affirmed the decision of the Commission. He found it was justified in refusing access to the information sought under section 37(1) of the FOI Act.
Date: 03-04-2019
Case Number: 190057
Public Body: Tax Appeals Commission
Section of the Act.: s.37, s.37(1),
Summary: The Senior Investigator affirmed the Department's decision.
Date: 02-04-2019
Case Number: 190054
Public Body: Department of Employment Affairs and Social Protection
Section of the Act.: s.37, s.37(6)(b),
Summary: The Senior Investigator affirmed the decision of the Council.
Date: 02-04-2019
Case Number: 180473
Public Body: Meath County Council
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator varied the decision of the Department. While he found that the Department was justified in refusing access to the vast majority of the information at issue under section 37(1), he found that a small amount of information was not exempt and directed its release.
Date: 01-04-2019
Case Number: 180530
Public Body: Department of Children and Youth Affairs
Section of the Act.:
Summary: The Senior Investigator varied the decision of the Council. She affirmed the Council's decision to refuse access to records under section 31(1)(a) of the Act on the basis of legal professional privilege. She found that section 37(1) applied to other records on the basis that they contain 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 other individuals. The Senior Investigator annulled the Council's decision to refuse access to records under sections 30(1)(c) and 32(1)(a)(iv) and directed their release, subject to the redaction of personal information under section 37.
Date: 29-03-2019
Case Number: 180372
Public Body: Louth County Council
Section of the Act.: s.30, s.31, s.32
Summary: The Senior Investigator affirmed the Board's decision. She found that section 15(1)(a) of the FOI Act applies to the applicant's request insofar as it relates to additional records. She found that the Board was justified in refusing access to a number of records under section 31(1)(a) of the Act on the basis that the records would be exempt from production in a court on the basis of legal professional privilege. She found that the Board was justified in refusing access to one record under 37(1) of the Act as release of that record would involve the disclosure of third party personal information and the public interest that the request should be granted does not outweigh the public interest in upholding the right of privacy.
Date: 29-03-2019
Case Number: 180434
Public Body: Irish Greyhound Board
Section of the Act.: s.15, s.31, s.37
Summary: The Senior Investigator affirmed the decision of the Council. He found it was justified in refusing access to the records sought under section 42(m)(i).
Date: 29-03-2019
Case Number: 180524
Public Body: Tipperary County Council
Section of the Act.: s.42, s.42(m)(i),
Summary: The Senior Investigator affirmed the decision of the Agency. She found that parts of records previously withheld under section 15)(1)(i) were within the scope of this review. She affirmed its decision to refuse access to records under section 31(1)(a) and (b) of the Act. She also affirmed the decision of the Agency to withhold information in the remaining records under section 37(1) on the basis that they contain 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 other individuals.
Date: 29-03-2019
Case Number: 180386
Public Body: TUSLA: Child and Family Agency
Section of the Act.: s.15, s.15(1)(i), s.31, s.31(1)(a), s.31(1)(b), s.37, s.37(1),
Summary: The Senior Investigator varied the Council’s decision. She found that section 15(1)(a) of the FOI Act applies to the applicant’s request insofar as it relates to additional records. She found that the Council was justified in refusing access to parts of certain record under 37(1) of the Act as release of those parts would involve the disclosure of personal information of individuals other than the applicant. However, having considered the provisions of section 37(8) and regulations made under that subsection, she found that the Council was not justified in its decision to refuse access to certain information which relates to the applicant's children and she directed release of that information to the applicant.
Date: 29-03-2019
Case Number: 180478
Public Body: Laois County Council
Section of the Act.: s.15, s.15(1)(a), s.37, s.37(1),
Summary: The Senior Investigator varied the Regulator's decision. She found certain information to be exempt under section 36(1)(b) (commercially sensitive information) and directed the Regulator to grant access to some of that information in the public interest. She found that the remaining information, was not exempt and directed the Regulator to grant access to those parts of the records.
Date: 28-03-2019
Case Number: 180257
Public Body: The Office of the Regulator of the National Lottery
Section of the Act.: s.35