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 Commissioner varied the decision of the Central Bank. He largely affirmed the decision to refuse access to the records at issue, finding that Schedule 1, Part 1(b)(i), section 31(1)(a), and section 37(1) of the FOI Act applied as claimed, but annulled the decision in relation to certain redactions and in relation to one record that he directed for release subject to redaction. He also affirmed the Central Bank's decision to refuse access under section 15(1)(a) to three categories of records sought by the applicant.
Date: 02-06-2017
Case Number: 160474
Public Body: The Central Bank of Ireland
Section of the Act.: s.15, s.31, s.35, s.37
Summary: The Senior Investigator varied the VCI's decision. She found that most of the records, including the expert reports, contained the joint personal information of the applicant and other individuals and were exempt from release under sections 37(1) and/or 37(7) of the FOI Act. She found that, on balance, the public interest in granting access to such information did not outweigh the public interest in refusing to grant it. However, she found that parts of the records were not exempt under section 37 or otherwise and directed their release.
Date: 31-05-2017
Case Number: 170029
Public Body: Veterinary Council of Ireland
Section of the Act.: s.29, s.30, s.37
Summary: The Senior Investigator found that the section 38 requirements were not applied correctly in this case and annulled the decision of the Department.
Date: 31-05-2017
Case Number: 170170
Public Body: Department of Transport, Tourism and Sport
Section of the Act.:
Summary: The Senior Investigator affirmed the decision of the Council.
Date: 30-05-2017
Case Number: 170056
Public Body: Clare County Council
Section of the Act.: s.15, s.15(1)(a), s.15(1)(d), s.15(2),
Summary: The Senior Investigator affirmed the Department's decision under section 15(1)(a) and section 31(1)(a) of the FOI Act.
Date: 26-05-2017
Case Number: 170051
Public Body: Department of Social Protection
Section of the Act.: s.15, s.15(1)(a), s.31,
Summary: The Senior Investigator varied the Department's decision as follows. She directed it to obtain a further record identified during this review from GoSafe, a service provider under section 11(9), and to make a decision on that part of the applicant's FOI request, in accordance with the provisions of the FOI Act. She affirmed the Department's decision to withhold access to certain information which she found to be commercially sensitive, under section 36(1)(b) of the FOI Act. She found that the Department was not justified in refusing access to the remaining information, under sections 32, 35 or 36 of the FOI Act and she directed the release of that information
Date: 25-05-2017
Case Number: 160427
Public Body: Department of Justice and Equality
Section of the Act.: s.35, s.35(1), s.35(2), s.11, s.32, s.36
Summary: The Senior Investigator varied the IDA's decision. She affirmed its decision in relation to further records under section 15(1)(a) of the FOI Act. She found that the IDA had not justified its refusal of access to the withheld information. She annulled its decision on those records and directed their release.
Date: 24-05-2017
Case Number: 160554
Public Body: IDA Ireland
Section of the Act.: s.15, s.15(1)(a), s.30, s.30(1), s.35, s.35(1), s.35(2), s.29, s.40
Summary: The Senior Investigator affirmed the decision of NMBI to refuse access to the records on the ground that access would involve the disclosure of personal information relating to parties other than the applicant.
Date: 23-05-2017
Case Number: 170073
Public Body: Nursing and Midwifery Board of Ireland
Section of the Act.: s.37
Summary: The Senior Investigator affirmed the decision of the HSE.
Date: 23-05-2017
Case Number: 170094
Public Body: HSE
Section of the Act.: s.27
Summary: The Commissioner affirmed NAMA's refusal of access to the records. However, he varied the basis for such refusal by reference to sections 15(1)(a), 36(1)(b), 36(1)(c), 37(1) and 41(1)(a).
Date: 23-05-2017
Case Number: 150247
Public Body: National Asset Management Agency
Section of the Act.: s.15, s.15(1)(a), s.36, s.36(1)(b), s.37, s.37(1), s.41, s.41(1),