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 HSE having regard to section 37(8) of the FOI Act and the regulations made under that subsection.
Date: 26-06-2018
Case Number: 170564
Public Body: Health Service Executive
Section of the Act.: s.37
Summary: The Senior Investigator affirmed the decision of the Department. She found that section 37(1) applied to the withheld information within the scope of the review.
Date: 25-06-2018
Case Number: 180183
Public Body: Department of Culture, Heritage and the Gaeltacht
Section of the Act.: s.37, s.37(1),
Summary: The Senior Investigator found that LOETB was justified in its decision to charge ?500 under section 27 of the FOI Act for search for and retrieval of records, on the ground that LOETB complied with the provisions of section 27 in calculating the relevant fee and deposit to be charged.
Date: 19-06-2018
Case Number: 180041
Public Body: Laois and Offaly Education and Training Board
Section of the Act.: s.27
Summary: The Senior Investigator affirmed the decision of the Council. He found it was justified in refusing access to the information sought under sections 37(1) and 42(m)(i).
Date: 18-06-2018
Case Number: 180168
Public Body: Clare County Council
Section of the Act.: s.37, s.37(1), s.42, s.42(m)(i),
Summary: The Senior Investigator annulled the decision of the HSE and directed it to undertake a fresh decision-making process in respect of the applicant's request.
Date: 15-06-2018
Case Number: 180073
Public Body: Health Service Executive
Section of the Act.: s.29, s.29(1),
Summary: The Senior Investigator affirmed the decision of the Department on the basis that the release of the information sought could prejudice the conduct or outcome of the negotiations of the State Claims Agency (the SCA). She found that the public interest did not favour release of the records sought.
Date: 15-06-2018
Case Number: 180089
Public Body: Department of Housing, Planning and Local Government
Section of the Act.: s.31, s.35, s.42
Summary: The Senior Investigator annulled the Council's decision to refuse access to the records and directed that access be granted to them. She found that the Council had not justified its application of the exemptions relied on.
Date: 14-06-2018
Case Number: 180098
Public Body: Clare County Council
Section of the Act.: s.36, s.36(1)(b), s.36(1)(c),
Summary: The Senior Investigator affirmed the decision of the Department.
Date: 13-06-2018
Case Number: 180009
Public Body: Department of Employment Affairs and Social Protection
Section of the Act.: s.15, s.37
Summary: The Senior Investigator affirmed the Department's decision. She found that the Department was justified in refusing access to certain records under section 31(1)(a) of the Act on the basis that the records would be exempt from production in proceedings in a court on grounds of legal professional privilege. She found that the Department was justified in refusing access to the remaining records under section 37(1) of the Act on the basis that release of the records would involve the disclosure of personal information of a third party and the public interest that the request should be granted does not outweigh the public interest that the right to privacy of the third party should be upheld.
Date: 13-06-2018
Case Number: 180104
Public Body: Department of Agriculture, Food and the Marine
Section of the Act.: s.31, s.31(1)(a), s.37, s.37(1),
Summary: The Senior Investigator affirmed the HSE's decision to refuse access to the records sought under section 15(1)(a) on the ground that they do not exist.
Date: 13-06-2018
Case Number: 180114
Public Body: Health Service Executive
Section of the Act.: s.15, s.15(1)(a),