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 decision of the Courts Service. She found that the Courts Service was justified in refusing access to the information sought but on the basis of section 15(1)(a) of the FOI Act rather than section 15(1)(c).
Date: 26-03-2018
Case Number: 170297
Public Body: Courts Service
Section of the Act.: s.15
Summary: The Senior Investigator varied the HSE's decision. She affirmed its decision on certain records, under section 32 of the FOI Act. She annulled its decision on the remaining records and directed their release.
Date: 26-03-2018
Case Number: 170388
Public Body: Health Service Executive
Section of the Act.: s.30, s.31, s.32, s.35, s.42
Summary: The Senior Investigator affirmed the Department's decision under section 37(1) of the FOI Act. She found that the records contained personal information about a party or parties other than the applicant and that the public interest in granting the request does not, on balance, outweigh the public interest in upholding the third party's or parties' right(s) to privacy.
Date: 26-03-2018
Case Number: 170465
Public Body: Department of Justice and Equality
Section of the Act.: s.37, s.37(1), s.37(5)(a),
Summary: The Senior Investigator affirmed the HSE's refusal to fully grant the request. Having regard to Article 7(3) of EC Regulation No 882/2004, she found that the HSE was prohibited from releasing the records comprising the EHO's report further to Article 7(2) of that EC Regulation. Accordingly, she found the records to be exempt under section 41(1)(a) of the FOI Act, which applies where release of the requested record is prohibited by law of the European Union or any enactment.
Date: 23-03-2018
Case Number: 170366
Public Body: Health Service Executive
Section of the Act.: s.41,
Summary: The Senior Investigator varied the decision of the Department. He found that it was not justified in refusing access to certain records, or parts of records, under section 42(f) and/or section 36(1) and directed their release
Date: 08-03-2018
Case Number: 170458
Public Body: Department of Public Expenditure & Reform
Section of the Act.: s.36, s.36(1), s.42, s.42(f),
Summary: The Senior Investigator annulled the Office of the Secretary General's refusal to grant the request. She found that the Office of the Secretary General is an FOI body within the meaning of section 6 of the Act and is therefore obliged to make and notify the applicant of a decision on the request in accordance with the requirements of the Act. She found that it had not justified its refusal as required under section 22(12)(b) of the Act. She remitted the request for fresh consideration and a new decision by the Office of the Secretary General.
Date: 08-03-2018
Case Number: 170151
Public Body: Office of the Secretary General to the President
Section of the Act.: s.6
Summary: The Senior Investigator affirmed the Department's refusal of access to the records on the basis of section 36(1)(b) of the FOI Act (Commercially Sensitive Information). She found that, on balance, the public interest would not be better served by granting access to the records.
Date: 08-03-2018
Case Number: 170377
Public Body: Department of Public Expenditure and Reform
Section of the Act.: s.36, s.36(1)(b),
Summary: The Senior Investigator varied the decision of UCC. She affirmed UCC's decision to refuse access to two records containing legal advice under section 31(1)(a) of the Act. She also found that certain details included in the records at issue qualified as personal information and were exempt under section 37(1) of the Act. However, she found that the decision to refuse access to the majority of the records under section 36(1)(b) was only partially justified. She therefore directed that access be granted to certain records relating to the IMI/UCC transaction in full or part.
Date: 23-02-2018
Case Number: 170340
Public Body: University College Cork
Section of the Act.: s.31
Summary: The Senior Investigator found that the section 38 requirements were not applied correctly in this case and annulled the decision of the HSE.
Date: 21-02-2018
Case Number: 180057
Public Body: Health Service Executive
Section of the Act.: s.38
Summary: The Senior Investigator found that the section 38 requirements were not applied correctly in this case and annulled the decision of the HSE.
Date: 20-02-2018
Case Number: 180046
Public Body: Health Service Executive
Section of the Act.: s.38