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 NCSE. He found that it was justified in refusing access to further records falling within the scope of the applicant's request on the basis that it had taken all reasonable steps to ascertain their whereabouts and that section 15(1)(a) of the FOI Act applied.
Date: 06-11-2018
Case Number: 180189
Public Body: National Council for Special Education
Section of the Act.: s.15
Summary: The Senior Investigator affirmed the decision of the NCSE to refuse to provide a statement of reasons on the ground that it was not required to do so.
Date: 05-11-2018
Case Number: 180190
Public Body: National Council for Special Education
Section of the Act.: s.10
Summary: The Senior Investigator affirmed the decision of the WRC to refuse access to the records sought in accordance with Part 1(s) of Schedule 1.
Date: 02-11-2018
Case Number: 180373
Public Body: Workplace Relations Commission
Section of the Act.: s.1
Summary: The Senior Investigator varied the Department's decision. She affirmed its decision on the majority of records, under sections 15(1)(d), 31(1)(a), 31(2)(a), 42(f), 42(j) and 37 of the FOI Act. She annulled its decision on the few remaining records and directed their release.
Date: 02-11-2018
Case Number: 180026
Public Body: Department of Justice and Equality
Section of the Act.: s.15, s.15(1)(d), s.31, s.31(1)(a), s.31(2)(a), s.42, s.42(f), s.42(j),
Summary: The Senior Investigator annulled the decision of the Department and directed the release of the information sought.
Date: 02-11-2018
Case Number: 180337
Public Body: Department of Public Expenditure and Reform
Section of the Act.: s.35, s.35(1), s.35(2),
Summary: The Senior Investigator affirmed the decision of the Courts Service.
Date: 01-11-2018
Case Number: 180172
Public Body: Courts Service
Section of the Act.: s.42,
Summary: The Senior Investigator varied the decision of Irish Water. She affirmed the decision of Irish Water to refuse access to a number of records under section 31(1)(a) of the Act on the basis of legal professional privilege. However, she did not accept that the exemption applied to all records as claimed. She annulled its decision on three records and directed their release subject to redaction of third party personal information in one record. She annulled the decision to effectively refuse access to records which came to light in the course of the review and directed Irish Water to undertake a fresh decision making process on those records.
Date: 31-10-2018
Case Number: 180171
Public Body: Irish Water
Section of the Act.: s.31, s.31(1)(a),
Summary: The Senior Investigator affirmed the HSE's decision and found that the withheld parts of the record were exempt under section 37 of the FOI Act.
Date: 31-10-2018
Case Number: 180202
Public Body: Health Service Executive
Section of the Act.: s.32
Summary: The Senior Investigator affirmed the Revenue's refusal of the records under section 37(1) of the FOI Act. She found that they contained personal information about identifiable individuals other than the applicant and that the various exceptions to section 37(1) do not apply. In relation to section 37(5)(a) in particular, she found that the public interest in granting the request does not, on balance, outweigh the public interest in upholding the third parties' rights to privacy.
Date: 31-10-2018
Case Number: 180227
Public Body: Office of the Revenue Commissioners
Section of the Act.: s.37, s.37(1),
Summary: The Senior Investigator affirmed the Agency's decision. She found that section 37(1) of the FOI Act applies to those parts of the records to which access was refused by the Agency, as release of those parts would involve the disclosure of personal information of individuals other than the applicant or joint personal information. She found that, on balance, 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.
Date: 31-10-2018
Case Number: 180341
Public Body: TUSLA
Section of the Act.: s.18