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 Department.
Date: 02-02-2018
Case Number: 170497
Public Body: Department of Employment Affairs and Social Protection
Section of the Act.: s.37, s.37(1),
Summary: The Senior Investigator affirmed the decision of the ODCE to refuse the request under Part 1(g) of Schedule 1.
Date: 02-02-2018
Case Number: 170573
Public Body: Director of Corporate Enforcement
Section of the Act.: s.1, s.1(1),
Summary: The Senior Investigator found that the Council had not justified its decision to withhold the records. She annulled the Council's decision and directed the release of the withheld records.
Date: 01-02-2018
Case Number: 170343
Public Body: Kildare County Council
Section of the Act.: s.32, s.32(1)(a)(i),
Summary: The Senior Investigator found that Revenue was justified in its decision to refuse access to the withheld records. She affirmed Revenue's decision to refuse access to additional records under section 15(1)(a) of the FOI Act on the basis that such records could not be found or did not exist. She affirmed its decision to refuse access to records on the basis that section 37(1) of the FOI Act applied, 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 those individuals.
Date: 31-01-2018
Case Number: 170347
Public Body: Office of the Revenue Commissioners
Section of the Act.: s.15, s.15(1)(a), s.37, s.37(1),
Summary: The Senior Investigator annulled UCD's decision to refuse the request and directed UCD to undertake a fresh decision making process on the basis that UCD has not provided sufficient information to support a finding that it does not control the records requested and has not justified its claim for exemption for certain records under section 36(1)(b) of the FOI Act.
Date: 31-01-2018
Case Number: 170392
Public Body: University College Dublin
Section of the Act.: s.2
Summary: The Senior Investigator varied the HSE's decision as follows: She affirmed its decision to refuse access to certain records under section 31(1)(a) on the basis that the records qualified for legal professional privilege. She found that the HSE was not justified in refusing access to the remaining records under sections 32(1)(b) and (c). She directed the HSE to make a new decision on certain records relating to the applicant's deceased spouse, with due regard to the provisions of the Freedom of Information Act 2014 (Section 37(8)) Regulations, 2016 S.I. No. 218 of 2016. She found that the remaining records should be refused under section 37(3) and drew the HSE's attention to section 37(4), which requires the HSE to offer access to the records concerned to such health professional having expertise in the subject matter of the records as the applicant may specify.
Date: 30-01-2018
Case Number: 170308
Public Body: Health Service Executive
Section of the Act.: s.31, s.31(1)(a), s.32, s.32(1)(b), s.32(1)(c), s.37, s.37(3), s.37(8),
Summary: The Senior Investigator affirmed the decision of the Hospital to refuse access to further records under section 15(1)(a) of the FOI Act on the ground that no further records exist.
Date: 26-01-2018
Case Number: 170397
Public Body: Mater Misericordiae Hospital Limited
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator annulled the decision of the Department. He found that, by taking a narrow interpretation of the applicant's request, the Department did not take all reasonable steps to locate all relevant records. He directed the Department to undertake a fresh decision making process in respect of the applicant's original FOI request.
Date: 26-01-2018
Case Number: 170444
Public Body: Department of Justice and Equality
Section of the Act.: s.15, s.15(1)(a), s.15(1)(i),
Summary: The Senior Investigator annulled the decision of the Department. He found that, by taking a narrow interpretation of the applicant's request, the Department did not take all reasonable steps to locate all relevant records. He directed the Department to undertake a fresh decision making process in respect of the applicant's original FOI request.
Date: 25-01-2018
Case Number: 170437
Public Body: Department of Justice and Equality
Section of the Act.: s.15, s.15(1)(a), s.15(1)(i),
Summary: The Senior Investigator annulled the decision of the Department. He found that, by taking a narrow interpretation of the applicant's request, the Department did not take all reasonable steps to locate all relevant records. He directed the Department to undertake a fresh decision making process in respect of the applicant's original FOI request.
Date: 25-01-2018
Case Number: 170440
Public Body: Department of Justice and Equality
Section of the Act.: s.15, s.15(1)(a), s.15(1)(i),