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 the EAT.
Date: 26-06-2017
Case Number: 170113
Public Body: Employment Appeals Tribunal
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator affirmed the OPW's refusal to grant access to the requested records. She found them to contain technical information belonging to the State or the OPW that is of substantial value or reasonably likely to be of substantial value (section 40(2)(m) refers), the release of which could reasonably be expected to result in an unwarranted benefit to the applicants and other persons with an interest in the information. She found the records to be exempt under section 40(1)(d) of the FOI Act, with the public interest not warranting their release.
Date: 26-06-2017
Case Number: 160529
Public Body: Office of Public Works
Section of the Act.: s.40
Summary: The Senior Investigator found that RTÉ was justified in refusing access to the information sought under section 37(1) of the FOI Act.
Date: 26-06-2017
Case Number: 160398
Public Body: RTÉ
Section of the Act.: s.37
Summary: The Senior Investigator varied the decision of the Council. He directed it to release additional information in respect of parts 1 to 4 of the request. He directed it to carry out a fresh decision making process in respect of parts 5 and 6.
Date: 22-06-2017
Case Number: 160562
Public Body: Limerick City & County Council
Section of the Act.: s.36, s.37
Summary: The Senior Investigator affirmed the Department's decision under section 15(1)(d) and section 30(1)(a) of the FOI Act.
Date: 21-06-2017
Case Number: 170007
Public Body: Department of Social Protection
Section of the Act.: s.30, s.36, s.37
Summary: The Senior Investigator found that the Council had not properly considered the request. He annulled the decision of the Council and directed it to undertake a fresh decision making process in respect of the applicant's request.
Date: 21-06-2017
Case Number: 170174
Public Body: Carlow County Council
Section of the Act.:
Summary: The Senior Investigator found that the HSE was justified in its decision. He accordingly affirmed the decision.
Date: 21-06-2017
Case Number: 160495
Public Body: Health Service Executive
Section of the Act.: s.15, s.15(1)(a), s.15(1)(i),
Summary: The Senior Investigator affirmed the HSE?s decision. She found that section 15(1)(a) of the FOI Act applies to the applicants? request insofar as it relates to additional records and she found that the HSE was justified in refusing access to records under section 31(1)(a) of the Act on the basis of legal professional privilege.
Date: 20-06-2017
Case Number: 170092
Public Body: Health Service Executive
Section of the Act.: s.15, s.31
Summary: The Senior Investigator found that the Council had not identified all relevant records coming within the scope of the applicant's request. He annulled the Council's decision and directed it to undertake a fresh decision-making process in respect of the applicant's request
Date: 16-06-2017
Case Number: 170061
Public Body: Fingal County Council
Section of the Act.: s.15, s.15(1)(d),
Summary: The Senior Investigator affirmed the Department's decision. She found that: Section 11(4) of the FOI Act applies to one record which was created before the commencement date of the Act; It was justified in refusing access to a number of records on the basis that section 42(f) provides that the FOI Act does not apply to records held or created by the Attorney General's Office; It was justified in refusing access to some of the records under section 31(1)(a) of the Act on the basis of legal professional privilege; It was justified in refusing the remaining records under section 35(1)(b) of the Act on the basis that release of these records would result in a breach of a duty of confidence.
Date: 15-06-2017
Case Number: 160519
Public Body: Department of Health
Section of the Act.: s.31, s.31(1)(a), s.35, s.35(1)(b), s.11