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 to refuse the request under section 37(3).
Date: 27-02-2018
Case Number: 170563
Public Body: Health Service Executive
Section of the Act.: s.37, s.37(3),
Summary: The Senior Investigator annulled the decision of the HSE in respect of three parts of the applicant's request on the basis that it failed to comply with the requirements of section 15(4) of the Act.
Date: 26-02-2018
Case Number: 170518
Public Body: Health Service Executive
Section of the Act.: s.15, s.15(4),
Summary: The Senior Investigator annulled the decision of the HSE. He found that it was not justified in refusing to grant access to the records under section 37 of the FOI Act, having considered the provisions of section 37(8) and regulations made under that subsection, and directed their release subject to a number of minor redactions of personal information relating to third parties.
Date: 26-02-2018
Case Number: 170521
Public Body: Health Service Executive
Section of the Act.: s.37
Summary: The Senior Investigator varied the decision of UCC. She affirmed UCC's decision to refuse access to two records containing legal advice under section 31(1)(a) of the Act. She also found that certain details included in the records at issue qualified as personal information and were exempt under section 37(1) of the Act. However, she found that the decision to refuse access to the majority of the records under section 36(1)(b) was only partially justified. She therefore directed that access be granted to certain records relating to the IMI/UCC transaction in full or part.
Date: 23-02-2018
Case Number: 170340
Public Body: University College Cork
Section of the Act.: s.31
Summary: The Senior Investigator annulled the University's decision. She found that the University had not justified its claims that the records were exempt. She further found that, even if the decision to refuse access under sections 36(1)(b) and (c) (commercially sensitive information, and information that could be prejudicial to negotiations) had been justified, the public interest that access should be granted to the records would outweigh the public interest in withholding them. She directed that the records be released in full.
Date: 23-02-2018
Case Number: 170516
Public Body: University of Limerick
Section of the Act.: s.36, s.36(1)(b), s.36(1)(c),
Summary: The Senior Investigator found that the section 38 requirements were not applied correctly in this case and annulled the decision of the HSE.
Date: 21-02-2018
Case Number: 180057
Public Body: Health Service Executive
Section of the Act.: s.38
Summary: The Senior Investigator found that the section 38 requirements were not applied correctly in this case and annulled the decision of the HSE.
Date: 20-02-2018
Case Number: 180046
Public Body: Health Service Executive
Section of the Act.: s.38
Summary: The Senior Investigator found that the section 38 requirements were not applied correctly in this case and annulled the decision of the HSE.
Date: 19-02-2018
Case Number: 180039
Public Body: Health Service Executive
Section of the Act.: s.38
Summary: The Senior Investigator affirmed TUSLA's decision, under sections 31(1)(b) and 37(1) of the FOI Act. She found that the redacted information had to be withheld on the basis that its disclosure would be contempt of court and/or comprised the personal information of individuals other than the applicants.
Date: 19-02-2018
Case Number: 170324
Public Body: TUSLA
Section of the Act.: s.31, s.31(1)(b), s.37, s.37(1), s.37(7),
Summary: The Senior Investigator varied the Council's decision. She found that, under section 42(m)(i), the FOI Act does not apply to the record concerned and that no right of access exists.
Date: 19-02-2018
Case Number: 170341
Public Body: Kildare County Council
Section of the Act.: s.42, s.42(m)(i), s.43,