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 Department's refusal to grant access to the records. She found that they attract legal advice privilege (one of the limbs of legal professional privilege) and that they were exempt under section 31(1)(a) of the FOI Act.
Date: 15-06-2017
Case Number: 170102
Public Body: Department of Social Protection
Section of the Act.: s.31
Summary: The Senior Investigator affirmed NAMA's decision to refuse to grant access to some of the records in full and to others in part on the basis that they relate to purchasers or potential purchasers of assets securing loans held or managed by NAMA. She found that these records/parts of records fall within Schedule 1, Part 1(x)(iii) of the FOI Act, so that the Act does not apply to them. She found that the other records/parts of records, which relate to Project Eagle, are not covered by Schedule 1, Part 1(x)(iii). She annulled NAMA's decision to refuse access to them and directed NAMA to make a fresh decision in relation to them.
Date: 15-06-2017
Case Number: 160253
Public Body: National Asset Management Agency
Section of the Act.:
Summary: The Senior Investigator affirmed the decision of the Department.
Date: 14-06-2017
Case Number: 170098
Public Body: Department of Social Protection
Section of the Act.: s.37
Summary: The Senior Investigator affirmed the decision of the Council.
Date: 14-06-2017
Case Number: 170169
Public Body: Dun Laoghaire-Rathdown County Council
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator affirmed the decision of AGS.
Date: 14-06-2017
Case Number: 170219
Public Body: An Garda Síochána
Section of the Act.: s.6, s.6(2)(a),
Summary: The Senior Investigator found that the Council was justified in its decision to charge a fee of ?450 for the search and retrieval of relevant records.
Date: 13-06-2017
Case Number: 170082
Public Body: Cork City Council
Section of the Act.: s.27
Summary: The Senior Investigator affirmed the Council's decision to refuse access to the records on the basis that section 37(1) of the FOI Act applied, since the withheld information contains the personal information of individuals other than the applicant. She found that the public interest in granting the request did not outweigh the public interest in upholding the privacy rights of those individuals.
Date: 12-06-2017
Case Number: 170101
Public Body: Monaghan County Council
Section of the Act.: s.37
Summary: The Senior Investigator varied the Department's decision. She affirmed its refusal to grant access to most of the withheld records. She found that one record was not subject to the FOI Act further to section 42(f) because it contains legal advice given by the Office of the Attorney General. She found all of the other records to be fully or partially exempt under section 37(1) on the basis that they comprised personal information about identifiable individuals other than the applicant. She found that the public interest in granting access to those records did not outweigh the public interest that the right to privacy of the individuals to whom the information relates should be upheld. She also found those records to be exempt under section 31(1)(a) because, due to ongoing litigation, they attract legal professional privilege. She annulled the Department's refusal to grant access to the remainder of the records and directed their release.
Date: 08-06-2017
Case Number: 160513
Public Body: Department of Agriculture, Food and the Marine
Section of the Act.: s.30, s.31, s.32, s.37, s.42
Summary: The Senior Investigator affirmed NAMA's decision to refuse to grant access to the records concerned. She found them to relate to purchasers or potential purchasers of assets securing loans held or managed by NAMA. She found that, as they are captured by Schedule 1, Part 1(x)(iii) of the FOI Act, they are not subject to the Act.
Date: 08-06-2017
Case Number: 160255
Public Body: National Asset Management Agency
Section of the Act.:
Summary: The Senior Investigator varied the Council's decision. She affirmed its refusal of access to further records under section 15(1)(a) of the Act. She annulled the decision of the Council to refuse records on the basis of section 35(1)(a) and section 36(1)(c), and directed it to undertake a fresh decision making process in respect of the applicant's request.
Date: 06-06-2017
Case Number: 170065
Public Body: Meath County Council
Section of the Act.: s.15, s.35, s.36