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 Department's decision to refuse access to the records. She found that they are exempt under section 36(1)(b) (commercial sensitivity) and that, on balance, the public interest would be better served by refusing the request.
Date: 28-03-2019
Case Number: 180279
Public Body: Department of Finance
Section of the Act.: s.30, s.33, s.35, s.36, s.37, s.40
Summary: The Senior Investigator varied the Department's decision to refuse access to the records. She found that the Department was not justified in refusing the request under section 29 (deliberative process). She found that sections 36(1)(b) (commercial sensitivity) and 36(1)(c) (information affecting negotiations) applied to the records and that the public interest weighed in favour of granting access to some but not all parts. She found that sections 31(1)(b) (contempt of court) and 35 (confidential information) did not apply to the remaining records or parts of the records.
Date: 28-03-2019
Case Number: 180287
Public Body: Department of Finance
Section of the Act.: s.36, s.36(1)(b), s.36(1)(c),
Summary: The Senior Investigator varied the Authority's decision. She found that section 37(1) applies to exempt parts of the draft report as release of those parts would involve the disclosure of personal information of identifiable individuals and the public interest that the request should be granted does not outweigh the public interest that the right to privacy of those individuals should be upheld. She annulled the Authority's decision to refuse access to the remainder of the draft report and directed its releas
Date: 22-03-2019
Case Number: 180333
Public Body: The Higher Education Authority
Section of the Act.: s.29, s.30, s.37
Summary: The Senior Investigator found that the HSE was justified in refusing access to the withheld record under section 37 of the FOI Act.
Date: 21-03-2019
Case Number: 180537
Public Body: The Health Service Executive
Section of the Act.: s.37
Summary: The Senior Investigator affirmed the decision of the Courts Service. He found that the applicant was not entitled to a statement of reasons under section 10 on the ground that the act for which a statement of reasons was sought was not an act of the Courts Service.
Date: 20-03-2019
Case Number: 180508
Public Body: The Courts Service
Section of the Act.: s.10
Summary: The Senior Investigator affirmed the decision of the HSE to refuse access to the records sought on the basis of section 30(1)(a) of the FOI Act 2014. She found that, on balance, the public interest would be better served by refusing the applicant's request.
Date: 15-03-2019
Case Number: 180495
Public Body: The Health Service Executive
Section of the Act.: s.30, s.30(1)(a),
Summary: The Senior Investigator affirmed the Department’s decision.
Date: 15-03-2019
Case Number: 180488
Public Body: Department of Agriculture, Food and the Marine
Section of the Act.: s.37, s.37(1), s.37(2), s.37(5)(b),
Summary: The Commissioner affirmed the Department's decision on the basis that the records at issue were exempt under section 32(1)(a)(i) of the FOI Act.
Date: 11-03-2019
Case Number: 180445
Public Body: Department of the Taoiseach
Section of the Act.: s.32, s.32(1)(a)(i),
Summary: The Senior Investigator annulled the Council's decision to refuse access to the records and directed it to release the records.
Date: 11-03-2019
Case Number: 180467
Public Body: Clare County Council
Section of the Act.: s.36, s.36(1)(b), s.36(1)(c),
Summary: The Senior Investigator annulled the Council's decision to refuse access to the records and directed it to release the records.
Date: 11-03-2019
Case Number: 180467 & 180501
Public Body: Clare County Council
Section of the Act.: s.15, s.15(1)(a),