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 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),
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: 170449
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 affirmed the Hospital's decision. She found that 37(1) of the FOI Act applies to that part of the applicant's request under review on the basis that the records requested contain personal information of an individual other than the applicant and the public interest that the request should be granted does not outweigh the public interest that the right to privacy of that individual should be upheld.
Date: 24-01-2018
Case Number: 170403
Public Body: Beaumont Hospital
Section of the Act.: s.37
Summary: The Senior Investigator affirmed the decision of the Council. She found that the Council was justified in its decision to refuse access to records under section 15(1)(a) of the FOI Act, on the basis that they did not exist or cannot be found. She affirmed the Council's decision to refuse access to the remaining records under section 37(1) of the FOI Act, since the withheld information contains the personal information of individuals other than the applicant.
Date: 24-01-2018
Case Number: 170464
Public Body: Kildare County Council (FOI Act 2014)
Section of the Act.: s.15, s.15(1)(a), s.37, s.37(1),
Summary: The Senior Investigator annulled the decision of the Department. He directed that it undertake a fresh decision making process.
Date: 23-01-2018
Case Number: 170509
Public Body: Department of Justice and Equality
Section of the Act.: s.13