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 TUSLA's refusal to fully grant the applicant's request. She found that TUSLA had justified its refusal to grant access to further records relating to the applicant's stay in a particular residential centre, on the basis that it had carried out reasonable searches and that section 15(1)(a) applied. She found section 15(2) to apply to other records that are available for inspection or of which copies may be obtained whether upon payment or free of charge. She found the rest of the records to contain personal information about identifiable individuals other than the applicant, or joint personal information about the applicant and other identifiable individuals and to be exempt under 37(1) of the FOI Act. She further found that the public interest in granting access to those records does not outweigh the public interest in upholding the right to privacy of the third parties.
Date: 31-07-2018
Case Number: 180128
Public Body: The Child and Family Agency
Section of the Act.: s.15, s.15(1)(a), s.15(2), s.37, s.37(1),
Summary: The Senior Investigator annulled the decision of HIQA and directed that a fresh decision making process be undertaken.
Date: 31-07-2018
Case Number: 180177
Public Body: Health Information and Quality Authority
Section of the Act.: s.15, s.15(1)(c), s.27, s.27(12)(a),
Summary: The Senior Investigator found that the Department was justified in refusing access to the information sought under section 37(1) of the FOI Act.
Date: 30-07-2018
Case Number: 180056
Public Body: Department of Justice and Equality
Section of the Act.: s.37, s.37(1),
Summary: The Senior Investigator varied the decision of the HSE. She affirmed the HSE's decision 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 as claimed to certain other records. She annulled the HSE's decision on those records and directed their release subject to redaction of third party personal information. She affirmed its decision to refuse access to information in a number of 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: 27-07-2018
Case Number: 180034
Public Body: Health Service Executive
Section of the Act.: s.31, s.31(1)(a), s.37, s.37(1),
Summary: The Senior Investigator varied the Council's decision. She affirmed the Council's decision to refuse access but on the basis that section 42(m)(i) the FOI Act applies to withheld information in some records. She annulled the Council's decision on the remaining records and directed their release subject to the redaction of third party personal information.
Date: 26-07-2018
Case Number: 170541
Public Body: Kerry County Council
Section of the Act.: s.15, s.15(1)(a), s.35, s.35(1)(a),
Summary: The Senior Investigator varied the decision of the HSE. She found that it was not justified in refusing to grant access to all of the records under section 37 of the FOI Act. Having considered the provisions of section 37(8)(a) and regulations made under that subsection and the applicant's status as executrix acting in the administration of the deceased's estate, she directed the release of the records subject to redaction of personal information relating to third parties which she found to be exempt under section 37(1).
Date: 23-07-2018
Case Number: 180181
Public Body: Health Service Executive
Section of the Act.: s.37
Summary: The Senior Investigator affirmed the Hospital's decision. She found that the applicant was not entitled to access the records under Regulations made under section 37(8) of the FOI Act having concluded that, having regard to all the circumstances, the public interest, including that in the confidentiality of personal information, would on balance be better served by refusing the request. She also found that the applicant was not entitled to access to the personal information in the records under the other exceptions to section 37(1).
Date: 20-07-2018
Case Number: 180077
Public Body: St James's Hospital
Section of the Act.: s.37, s.37(1), s.37(8),
Summary: The Senior Investigator affirmed the Central Bank's refusal to grant access to the information sought under section 15(1)(a) of the FOI Act on the ground that no records containing the information sought exist.
Date: 20-07-2018
Case Number: 180161
Public Body: Central Bank of Ireland
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator annulled the HSE's decision. She found that it was not justified in refusing to grant access to the records under section 37 of the FOI Act. She considered that the applicant, as a next of kin, had a right of access to her late father's records under Regulations made under section 37(8) of the FOI Act, in that having regard to all the circumstances, the public interest, including that in the confidentiality of personal information, would on balance be better served by granting the request. She directed the HSE to grant access to the records subject to redaction of personal information relating to third parties.
Date: 19-07-2018
Case Number: 170427
Public Body: The Health Service Executive
Section of the Act.: s.37, s.37(1), s.37(8),
Summary: The Senior Investigator varied the Council's decision. She annulled its effective refusal of certain parts of the request. She remitted these particular matters for fresh consideration by the Council in line with the requirements of the FOI Act. She otherwise affirmed the Council's application of section 15(1)(a) to each part of the request. She annulled the Council's application of sections 29 and 30(1)(b) to the two partially granted records. She directed it to grant access to those two records in full.
Date: 19-07-2018
Case Number: 180092
Public Body: Kilkenny County Council
Section of the Act.: s.15, s.15(1)(a), s.31, s.31(1)(b), s.29