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 decision of the Department by directing the release of the records concerned subject to the redaction on the basis of section 37(1) of the FOI Act of identifying details of third party private individuals referred to therein.
Date: 25-08-2017
Case Number: 170173
Public Body: Department of Justice and Equality
Section of the Act.: s.15, s.32, s.35, s.37
Summary: The Senior Investigator affirmed TUSLA's refusal to fully grant the request. She found that the applicant was not entitled to access to records concerning her minor children under the provisions of S.I. No. 218 of 2016 (i.e. the Regulations made under section 37(8) of the FOI Act). She found these and all other withheld records to contain personal information that was exempt under section 37 of the FOI Act. She further found that the public interest in granting the request does not outweigh the public interest in upholding the right to privacy of the various third parties.
Date: 25-08-2017
Case Number: 170236
Public Body: The Child and Family Agency (TUSLA)
Section of the Act.: s.37
Summary: The Senior Investigator affirmed TUSLA's refusal to grant the applicant's section 9 application. She was not satisfied that the evidence available was sufficient for her to conclude that the comments in the records held by TUSLA are incomplete, incorrect or misleading.
Date: 25-08-2017
Case Number: 170259
Public Body: The Child and Family Agency (TUSLA)
Section of the Act.: s.9
Summary: The Senior Investigator affirmed that the information given to the applicant by DIT was an adequate statement of reasons for the purposes of compliance with section 10 of the FOI Act.
Date: 25-08-2017
Case Number: 170342
Public Body: Dublin Institute of Technology
Section of the Act.: s.10
Summary: The Senior Investigator varied the Agency's decision. She affirmed the Agency's decision to refuse access to a number of records under section 31(1)(a) of the Act on the basis of legal professional privilege, with the exception of its refusal of access to five records, which she directed for release. She decided that section 31(1)(b) applied to certain records relating to Court proceedings subject to the in camera rule. She affirmed the Agency's decision to refuse access to the remaining withheld records on the basis that section 37(1) of the FOI Act applied, since the withheld information concerns the personal information of third parties as well as that of the applicant. She found that the public interest in granting the request did not outweigh the public interest in upholding the privacy rights of individuals other than the applicant. She affirmed its refusal of access to further records under section 15(1)(a) of the Act.
Date: 23-08-2017
Case Number: 170141
Public Body: TUSLA: Child and Family Agency
Section of the Act.: s.15, s.31, s.37
Summary: The Senior Investigator affirmed the Department?s refusal to grant access to the five withheld records under section 33(3)(c)(ii). She found the Department to have justified its decision that they contained information communicated in confidence between the State and the Commission concerning the Notice and related infringement proceedings.
Date: 21-08-2017
Case Number: 170305
Public Body: Department of Foreign Affairs and Trade
Section of the Act.: s.33
Summary: The Senior Investigator varied the decision of the Hospital. He directed the release of further parts of the records at issue that contained information relating to the applicant or to the applicant and her mother.
Date: 17-08-2017
Case Number: 170068
Public Body: Incorporated Orthopaedic Hospital of Ireland
Section of the Act.: s.37
Summary: The Senior Investigator affirmed the decision of the Hospital to refuse access to the records under section 37(3) of the Act. She found that section 37(4) is engaged in relation to the offer of access to an appropriate professional if requested by the applicant.
Date: 15-08-2017
Case Number: 170213
Public Body: St. James's Hospital
Section of the Act.: s.37
Summary: The Senior Investigator annulled the Hospital's effective refusal of the request on the basis that it had not made any proper decisions under the FOI Act. She remitted the request to the Hospital for fresh consideration.
Date: 14-08-2017
Case Number: 170167
Public Body: Royal Victoria Eye & Ear Hospital
Section of the Act.: s.13
Summary: The Commissioner annulled the Department?s decision and directed the release of the records to the applicant. He found that the Department had not justified its decision to refuse access to the records under sections 29, 30(1) or 36(1)(b) of the Act.
Date: 10-08-2017
Case Number: 170095
Public Body: Department of Education and Skills
Section of the Act.: s.31