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 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
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