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 annulled the Department's refusal of the request. He directed it to grant access to those parts of invoices covered by the request that contain the information sought.
Date: 14-02-2019
Case Number: 180298
Public Body: The Department of Finance
Section of the Act.: s.17, s.17(4), s.31, s.31(1)(a), s.32, s.32(1)(a)(iv), s.36, s.36(1)(c),
Summary: The Senior Investigator affirmed the decision of the Department.
Date: 14-02-2019
Case Number: 180421
Public Body: Department of Justice and Equality
Section of the Act.: s.37
Summary: The Senior Investigator varied the decision of the HSE. She annulled its decision in relation to one record and directed the attachment of a statement correcting information that she found to be incomplete and misleading. In relation to two other records, she affirmed the HSE's decision.
Date: 12-02-2019
Case Number: 180403
Public Body: Health Service Executive
Section of the Act.: s.9
Summary: The Senior Investigator affirmed the decision of the HSE. She found that the applicant was not entitled to access to records concerning his minor son under the provisions of S.I. No. 218 of 2016 (i.e. the Regulations made under section 37(8) of the FOI Act). She found these and all other withheld information in the records to contain personal information that was exempt under section 37 of the FOI Act. She further found that the public interest in granting the request does not outweigh the public interest in upholding the right to privacy of the various third parties.
Date: 12-02-2019
Case Number: 180448
Public Body: Health Service Executive
Section of the Act.: s.37, s.37(1),
Summary: The Senior Investigator affirmed the Council's decision to refuse access to the record. She found that in accordance with section 11, the FOI Act did not apply to the record as it was created before the commencement of the Act for local authorities.
Date: 12-02-2019
Case Number: 180449
Public Body: Donegal County Council
Section of the Act.: s.11, s.37
Summary: The Senior Investigator affirmed the decision of the Department. She found that it was justified in refusing access to the report on the grounds that it contained personal information and section 37(1) of the FOI Act applied.
Date: 31-01-2019
Case Number: 180349
Public Body: Department of Transport, Tourism and Sport
Section of the Act.: s.37
Summary: The Senior Investigator varied the decision of the Council. She found that the record contained some personal information and upheld the Council's refusal of access to that part of the record under section 37 of the FOI Act. She directed release of the rest of the record.
Date: 31-01-2019
Case Number: 180443
Public Body: Dun Laoghaire-Rathdown County Council
Section of the Act.: s.30, s.30(1)(c), s.36, s.37
Summary: The Senior Investigator found that the Council had failed to properly consider the Freedom of Information Act 2014 (Section 37(8)) Regulations 2016 when processing the request. He annulled the Council's decision and directed it to undertake a fresh decision-making process in respect of the applicant's request having due regard to the relevant Regulations.
Date: 28-01-2019
Case Number: 180411
Public Body: Fingal County Council
Section of the Act.: s.37, s.37(8),
Summary: The Senior Investigator affirmed the decision of TCD. He found that it was justified in refusing access to the records on the basis of sections 35 and 37 of the FOI Act.
Date: 25-01-2019
Case Number: 180102
Public Body: Trinity College Dublin
Section of the Act.: s.35, s.37
Summary: The Senior Investigator varied the HSE's decision. She annulled its effective refusal of access to four files that were found but had not been considered under FOI, and directed the HSE to make a fresh decision under the FOI Act on these. She was satisfied that the HSE has now taken all reasonable steps to look for records covered by the requests and found section 15(1)(a) to apply. She annulled the HSE's refusal of access to parts of records under section 30(1)(c) (negotiation positions or plans). She found some information to be exempt under section 36(1)(c) (prejudice to the conduct or outcome of negotiations). She found other information to be exempt under section 37 (personal information). She directed the HSE to grant access to the remaining parts of the records.
Date: 24-01-2019
Case Number: 180263
Public Body: The Health Service Executive
Section of the Act.: s.15, s.15(1)(a), s.30, s.30(1)(c), s.36, s.36(1)(c), s.37