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 Council's decision. She affirmed its decision to refuse access to certain records relating to private papers, under section 42(k) of the FOI Act and other records containing complaints to the Council, under section 42(m)(i) of the FOI Act, on the basis that the FOI Act does not apply to such records. She annulled its decision on the remaining records and directed their release.
Date: 03-05-2018
Case Number: 170481
Public Body: Waterford City and County Council
Section of the Act.: s.42, s.42(k), s.42(m)(i), s.35
Summary: The Senior Investigator affirmed the decision of AIT to refuse parts of the applicants requests under sections 15(1)(i) and 15(1)(a).
Date: 02-05-2018
Case Number: 180021
Public Body: Athlone Institute of Technology
Section of the Act.: s.15, s.15(1)(a), s.15(1)(i),
Summary: The Senior Investigator affirmed the decision of AIT to refuse parts of the applicants requests under sections 15(1)(i) and 15(1)(a).
Date: 02-05-2018
Case Number: 180022
Public Body: Athlone Institute of Technology
Section of the Act.: s.15, s.15(1)(a), s.15(1)(i),
Summary: The Senior Investigator affirmed the Revenue's refusal of the request. She found that certain records were exempt under section 29. She found that the Revenue had justified its position that the records related to a deliberative process and that it would be contrary to the public interest for access to be granted to them at this point in time. She also found that the Revenue had justified its refusal of access to the other records within the scope of the request on the basis that they do not exist (section 15(1)(a)).
Date: 30-04-2018
Case Number: 170353
Public Body: Office of the Revenue Commissioners
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator annulled the decision of the Department. She found that the Department had not justified its reliance on sections 29, 30 and 36 to withhold access and she directed the release of the information relating to the charity contained in the records at issue.
Date: 30-04-2018
Case Number: 170372
Public Body: Department of Foreign Affairs and Trade
Section of the Act.: s.29
Summary: The Senior Investigator affirmed the Department's decision to grant access to the records concerned. She found that section 36(1)(b) applies to the records at issue but that the public interest would, on balance, be better served by the release of the records concerned as redacted by the Department.
Date: 27-04-2018
Case Number: 170572
Public Body: Department of Foreign Affairs and Trade
Section of the Act.: s.35
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