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 Council. He directed the Council to issue a statement of reasons to the applicant in respect of two of the four acts identified by the applicant on the ground that the applicant was affected by the acts and has a material interest in a matter affected by those acts.
Date: 10-04-2018
Case Number: 170570
Public Body: Kerry County Council
Section of the Act.: s.10
Summary: The Senior Investigator affirmed the decision of the HSE.
Date: 06-04-2018
Case Number: 170560
Public Body: Health Service Executive
Section of the Act.: s.15
Summary: The Senior Investigator affirmed the decision of the Defence Forces.
Date: 06-04-2018
Case Number: 170561
Public Body: Defence Forces
Section of the Act.: s.37, s.37(1), s.37(5)(a),
Summary: The Senior Investigator affirmed the decision of the Hospital
Date: 06-04-2018
Case Number: 170576
Public Body: Mater Misericordiae Hospital Limited
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator affirmed TUSLA's decision. She found that it had justified its refusal of the request on the basis that it had carried out reasonable searches and that section 15(1)(a) applies.
Date: 05-04-2018
Case Number: 170338
Public Body: TUSLA: Child and Family Agency
Section of the Act.: s.15
Summary: The Senior Investigator varied TUSLA's decision. She found that it was not justified in refusing access to further records under section 15(1)(a) of the FOI Act and directed it to undertake a fresh decision-making process in this respect. She annulled its decision to refuse access to certain records and directed the release of those records. She affirmed its decision to refuse access to the remaining records, under sections 31(1)(b) and 37 of the FOI Act.
Date: 05-04-2018
Case Number: 170350
Public Body: TUSLA
Section of the Act.: s.15, s.31, s.37
Summary: The Senior Investigator affirmed the Department?s decision. She found that it had justified its refusal of access to additional records on the basis that they do not exist and/or that reasonable searches had been carried out (section 15(1)(a)). She found that sections 30(1)(b) or section 37(1) applied to certain records as release of these records would have a significant adverse effect on staff management in the Department or would disclose personal information about persons other than the applicant and the public interest would, on balance, be better served by refusing the release of these records. She found that the remaining records attracted legal professional privilege (section 31(1)(a)) or were created by the Office of the Attorney General and were not subject to the FOI Act (section 42(f)).
Date: 04-04-2018
Case Number: 170420
Public Body: A Government Department
Section of the Act.: s.15, s.15(1)(a), s.30, s.30(1)(a), s.30(2), s.37,
Summary: The Senior Investigator varied TUSLA's decision. She annulled its decision to refuse access to one record and directed the release of that record, subject to the redaction of personal information of individuals other than the applicants. She affirmed its decision to refuse access to the remaining records under sections 31 and 37 of the FOI Act.
Date: 28-03-2018
Case Number: 170404
Public Body: TUSLA: Child and Family Agency
Section of the Act.: s.31, s.31(1)(a), s.31(1)(b), s.37,
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