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 UCC. She affirmed UCC's decision to refuse access to certain parts of a settlement agreement between UCC and a named professor under section 35(1)(b) of the FOI Act. She found that the remaining parts of the agreement did not quality for exemption and should be released. She also found that, by misinterpreting the applicant's request, UCC's effective decision to refuse access to additional relevant records under section 15(1)(a) was not justified. She therefore directed UCC to conduct a fresh decision-making process in respect of any additional records that it may hold relating to the establishment, funding, administration and performance of the facility.
Date: 26-04-2018
Case Number: 170356
Public Body: University College Cork
Section of the Act.: s.15, s.15(1)(a), s.31,
Summary: The Senior Investigator affirmed the decision of the HSE to refuse access to the withheld information. He found that section 37 applied to the withheld information.
Date: 24-04-2018
Case Number: 170467
Public Body: Health Service Executive
Section of the Act.: s.37, s.37(1), s.37(8),
Summary: The Senior Investigator affirmed the decision of NUIG to refuse to grant access to records on the basis of sections 35 and 37 of the FOI Act. He also affirmed its decision to refuse to grant access to minutes of the Foundation's meetings, on the basis of section 2(5) of the Act.
Date: 23-04-2018
Case Number: 170333
Public Body: National University of Ireland, Galway
Section of the Act.: s.35, s.35(1)(b), s.37, s.37(1),
Summary: The Senior Investigator varied the Defence Forces' decision. She affirmed its decision on the majority of the records, under sections 15(1)(a), 31(1)(a), 32 and 37 of the FOI Act. She annulled its decision on one record and directed its release.
Date: 19-04-2018
Case Number: 170359
Public Body: Defence Forces
Section of the Act.: s.15, s.15(1)(a), s.31, s.31(1)(a), s.32, s.32(1)(a)(i), s.33, s.37
Summary: Whether the HSE was justified in its decision to refuse access to further records relating to a service agreement between the applicant and the HSE on the grounds that no further records exist or could be found under section 15(1)(a) of the FOI Act
Date: 19-04-2018
Case Number: 170551
Public Body: Health Service Executive
Section of the Act.: s.22, s.22(2),
Summary: The Senior Investigator varied the decision of the Department and directed the release of the record located during the course of the review. He found that the Department was justified in refusing access to any other records on the ground that no additional relevant records exist or can be found.
Date: 17-04-2018
Case Number: 170429
Public Body: Department of Employment Affairs and Social Protection
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator varied the Department's decision. She annulled the Department's refusal of attachments to various emails, which it had withheld having general regard to their nature rather than their specific contents. She directed the Department to make a new decision on these records in accordance with the requirements of the FOI Act. The Senior Investigator affirmed the Department's refusal to grant access to the remainder of the records, although under section 40(1)(a) (information having a serious, adverse effect on the financial interests of the State) rather than the exemptions claimed by the Department. In the particular circumstances of the case, she found the public interest in openness and transparency not to outweigh the public interest in preventing an adverse impact on the State's financial interests.
Date: 17-04-2018
Case Number: 170452
Public Body: Department of Health
Section of the Act.: s.40, s.40(1)(a),
Summary: The Senior Investigator affirmed the Council'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: 17-04-2018
Case Number: 170505
Public Body: Louth County Council
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator varied the decision of the Department. He directed the release of all records coming within the scope of the request, with the exception of a small amount of information in one of the records, which he found to be exempt under sections 32(1)(a)(i) and 37(1).
Date: 16-04-2018
Case Number: 170566
Public Body: Department of Employment Affairs & Social Protection
Section of the Act.: s.32, s.32(1)(a), s.32(1)(a)(i), s.37,
Summary: The Information Commissioner varied the HSE's decision. He affirmed its refusal of records in the public domain (section 15(1)(d)) and records containing personal information (section 37). He affirmed its refusal to fully grant access to the 70 records it had individually considered, although under section 40(1)(a) (information having a serious, adverse effect on the financial interests of the State) rather than the exemptions claimed by the HSE. Where the above exemptions required the application of a public interest test, the Commissioner found that, in the circumstances of this case, the public interest did not on balance favour the grant of access to the records.
Date: 13-04-2018
Case Number: 170395
Public Body: Health Service Executive
Section of the Act.: s.15, s.15(1)(c), s.15(1)(d), s.37,