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 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 affirmed the decision of the HSE. He found it was justified in refusing access to the records sought under section 15(1)(a) of the Act.
Date: 21-03-2018
Case Number: 170535
Public Body: Health Service Executive
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator affirmed the HSE's decision and found that the requested records are exempt from release under section 37 of the FOI Act, having considered the provisions of section 37(8) and Regulations made under that subsection.
Date: 20-03-2018
Case Number: 170539
Public Body: Health Service Executive
Section of the Act.: s.37
Summary: The Senior Investigator affirmed the Department's decision to refuse access to the records sought under section 15(1)(a) on the ground that they do not exist.
Date: 20-03-2018
Case Number: 170558
Public Body: Department of Agriculture, Food and the Marine
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator found that the Department was justified in its decision to refuse access to the records sought in accordance with the provisions of section 10(1)(a) of the FOI Act. He affirmed the decision of the Department.
Date: 18-03-2014
Case Number: 130290
Public Body: Department of Agriculture, Food and the Marine
Section of the Act.: s.10, s.10(1)(a),
Summary: The Senior Investigator affirmed GMIT's decision. She found that its decision to refuse access to the withheld information in the records was justified under section 37(1) of the Act, since the withheld information contains 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: 13-03-2018
Case Number: 170510
Public Body: Galway-Mayo Institute of Technology
Section of the Act.: s.37, s.37(1),
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),