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 found that the section 38 requirements were not applied correctly in this case and annulled the decision of EirGrid. He directed it to conduct a new decision making process in compliance with the FOI Act.
Date: 03-03-2017
Case Number: 170087
Public Body: EirGrid
Section of the Act.: s.38
Summary: The Senior Investigator affirmed Revenue?s decision. She found that section 31(1)(a) of the FOI Act applies to the records refused in full or in part by Revenue, as release of these records would disclose legally privileged information.
Date: 03-03-2017
Case Number: 160309
Public Body: Office of the Revenue Commissioners
Section of the Act.: s.31
Summary: The Senior Investigator affirmed the Department's decision. She found that section 15(1)(a) applied to any further information which in the applicant's view should exist. She found that section 36(1)(b) of the FOI Act applied to exempt some of the withheld information and that section 37(1) applied to the remaining withheld information
Date: 01-03-2017
Case Number: 160348
Public Body: Department of Communications, Climate Action and Environment
Section of the Act.: s.15, s.15(1)(a), s.36, s.37
Summary: The Commissioner found that he has the jurisdiction to review the ODPC's decision to refuse the applicant's request for the records concerned on the basis that Schedule 1, Part 1(f) applies. He also found that the records sought do not concern the general administration of the ODPC and he affirmed the decision of the ODPC to refuse the request.
Date: 28-02-2017
Case Number: 160447
Public Body: Data Protection Commissioner
Section of the Act.:
Summary: The Senior Investigator found that the section 38 requirements were not applied correctly in this case and annulled the decision of EirGrid. He directed it to conduct a new decision making process in compliance with the FOI Act.
Date: 27-02-2017
Case Number: 170040
Public Body: EirGrid
Section of the Act.: s.38
Summary: The Senior Investigator affirmed the Department's decision
Date: 22-02-2017
Case Number: 160437
Public Body: Department of Agriculture, Food and the Marine
Section of the Act.: s.32
Summary: The Senior Investigator affirmed the Agency's decision to refuse access to the records on the basis that sections 37(1) and 37(7) of the FOI Act applied, since the withheld information concerns the personal information of third parties and other individuals which is inextricably linked to the personal information of 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: 21-02-2017
Case Number: 160430
Public Body: TUSLA - Child and Family Agency
Section of the Act.: s.37
Summary: The Senior Investigator varied the decision of the Council and directed the release of certain information relating to percentage fee rates and to details of its evaluation of value added services.
Date: 21-02-2017
Case Number: 160388
Public Body: Westmeath County Council
Section of the Act.: s.35, s.36
Summary: The Senior Investigator found that the HSE was justified in its decision to refuse access to the records on the basis that sections 15(1)(a) and 37 of the FOI Act applied. She affirmed its decision to refuse access to additional records under section 15(1)(a) of the FOI Act. She affirmed its decision to refuse access in full, or in part, to other records under sections 37(1) and 37(7) of the FOI Act, since the withheld information contains either third party personal information, or third party personal information that is inextricably linked to the personal information of the applicant. She found that the public interest in granting the request did not outweigh the public interest in protecting the privacy rights of those individuals to whom the information relates.
Date: 20-02-2017
Case Number: 160416
Public Body: HSE South
Section of the Act.: s.15, s.37
Summary: The Senior Investigator affirmed RTÉ's decision. She found all of the records to be exempt under section 36(1)(b) on the basis that their release could prejudice the competitive positions of both RTÉ and McDonalds. She found none of the exceptions in section 36(2) to apply, and found that the public interest that access should be granted to the records does not outweigh the public interest in withholding them.
Date: 20-02-2017
Case Number: 160460
Public Body: RTÉ
Section of the Act.: s.35, s.36