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 AGS.
Date: 10-08-2017
Case Number: 170354
Public Body: An Garda Síochána
Section of the Act.: s.6, s.6(2)(a),
Summary: The Senior Investigator affirmed the decision of the Department.
Date: 03-08-2017
Case Number: 170025
Public Body: Department of Social Protection
Section of the Act.: s.15, s.15(1)(a),
Summary: You can search for decisions here. The FOI Act 2014 replaced the FOI Acts 1997 and 2003. The filters on the left allow you to find decisions based on whether they are pre 2014 or post 2014. Please note that the sections of the 2014 Act do not necessarily correspond to the sections of the old Acts. 170118 Mr X and Quality and Qualifications Ireland The Senior Investigator affirmed QQI's decision to refuse to release additional relevant records under section 15(1)(a) on the ground that no further records exist or can be found.
Date: 03-08-2017
Case Number: 170118
Public Body: Quality and Qualifications Ireland
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator affirmed the Commission's decision to refuse to confirm whether the requested records exist. She found that the records, if they existed in the context of the applicant's specific request, would constitute personal information within the meaning of the FOI Act and that the disclosure of the existence or non-existence of such records would also disclose personal information. She found the public interest in granting the request (and in turn confirming the existence or otherwise of relevant records) would not, on balance, outweigh the public interest in upholding the former T.D.'s right to privacy.
Date: 02-08-2017
Case Number: 170239
Public Body: Houses of the Oireachtas Commission
Section of the Act.: s.37, s.37(6),
Summary: The Senior Investigator varied the HSE's decision. She found that its decision to refuse access to part of a record under section 31(1)(a) of the Act, on the basis of legal professional privilege was justified. She found that the HSE's decision to refuse access to the withheld information in the remaining records was justified under sections 37(1) and 37(7) of the FOI Act, since the withheld information is the personal information of other individuals and the public interest in granting the request did not outweigh the public interest in upholding the privacy rights of those individuals. In addition to affirming those parts of the decision, she annulled the decision to effectively refuse access to additional records which came to light in the course of the review and directed the HSE to undertake a fresh decision making process on those.
Date: 31-07-2017
Case Number: 170223
Public Body: HSE
Section of the Act.: s.31, s.31(1)(a), s.35, s.35(1)(a), s.37, s.37(1),
Summary: The Senior Investigator found that the University was justified in its decision to refuse access to the records. She affirmed the University's decision to refuse access to additional records under section 15(1)(a) of the FOI Act. She affirmed its decision to refuse access to one record under section 31(1)(a) of the Act on the basis of legal professional privilege. She affirmed the University's decision to refuse access to the remaining records, in full or in part, under section 37(1) of the FOI Act, since the withheld information contains the personal information of individuals other than the applicant.
Date: 31-07-2017
Case Number: 170224
Public Body: University of Limerick
Section of the Act.: s.15, s.15(1)(a), s.31, s.31(1)(a), s.37
Summary: Decision: The Senior Investigator affirmed RTÉ's decision. She found that section 15(1)(a) of the Act applies to the applicant's request for records relating to the video on the basis that that RTÉ justified its claim that it holds no records about it. She found that the records relating to the show were created as part of a process of making editorial decisions concerning programme or programme schedule content and therefore, these records fall outside the scope of the Act, having regard to the Freedom of Information Act, 1997 (Prescribed Bodies) (No.2) Regulations 2000 (S.I. No. 115 of 2000).
Date: 26-07-2017
Case Number: 170145
Public Body: RTÉ
Section of the Act.: s.35, s.36
Summary: The Senior Investigator affirmed the decision of the HSE to refuse access to the records under section 37(3) of the Act.
Date: 26-07-2017
Case Number: 170198
Public Body: Health Service Executive
Section of the Act.: s.37, s.37(3), s.37(4),
Summary: The Senior Investigator affirmed TUSLA's decision, under section 37 of the FOI Act.
Date: 26-07-2017
Case Number: 170214
Public Body: TUSLA
Section of the Act.: s.37, s.37(1), s.37(7), s.18
Summary: The Senior Investigator varied the decision of the HSE. She found that the HSE was not required, under the provisions of section 10 of the FOI Act, to provide a statement of reasons in respect of certain decisions made by the HSE in respect of funding paid to Rehabcare.
Date: 21-07-2017
Case Number: 170129
Public Body: HSE Dublin Mid-Leinster
Section of the Act.: s.10