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 Agency's decision to refuse access to the records on the basis that section 30(1)(a) of the FOI Act applied to certain records and that section 37(1) and 37(7) of the Act applied to the remaining records, 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.
Date: 20-02-2017
Case Number: 160478
Public Body: TUSLA
Section of the Act.: s.37
Summary: The Senior Investigator varied the decision and directed UCC to release additional information relating to the evaluation of the successful tenderers to the applicant.
Date: 17-02-2017
Case Number: 160302
Public Body: University College Cork
Section of the Act.: s.36
Summary: The Senior Investigator affirmed the Department?s decision. She found that section 15(1)(a) of the FOI Act applies to the applicant?s request insofar as it relates to additional records. She found that sections 30(1)(b), 37(1) and 37(7) of the FOI Act apply to the records to which access was refused in full or in part by the Department, as release of these records would have a significant adverse effect on staff management in the Department or would disclose personal information of third parties or joint personal information. She further found that the public interest in granting the request did not outweigh the public interest in refusing it and in protecting the privacy of individuals other than the applicant
Date: 10-02-2017
Case Number: 160421
Public Body: Department of Foreign Affairs and Trade
Section of the Act.: s.15, s.30, s.37
Summary: The Senior Investigator annulled the Hospital's decision to refuse access to the withheld details because it had not, as required by the FOI Act, made a decision on the basis of whether there was a right of access to any records it holds within the scope of the request or applied the exemptions claimed to such records. She remitted the request to the Hospital for fresh consideration
Date: 09-02-2017
Case Number: 160379
Public Body: St Vincent's University Hospital
Section of the Act.: s.30, s.37
Summary: The Senior Investigator annulled the Department's decision and directed the release of the records. She found that the Department had not justified its refusal of the request under sections 30(1), 35(1) or otherwise
Date: 07-02-2017
Case Number: 160331
Public Body: Department of Transport, Tourism and Sport
Section of the Act.: s.30, s.30(1), s.35, s.35(1),
Summary: The Senior Investigator found that the section 38 requirements were not applied correctly in this case and annulled the decision of EirGrid. She directed it to conduct a new decision making process in compliance with the FOI Act.
Date: 07-02-2017
Case Number: 160574
Public Body: EirGrid
Section of the Act.: s.38
Summary: The Senior Investigator affirmed the decision of the HSE to refuse access to the record sought under section 37 of the FOI Act.
Date: 07-02-2017
Case Number: 160440
Public Body: HSE West
Section of the Act.: s.37
Summary: The Senior Investigator varied the decision. He affirmed the decision of AGS to refuse access to two reports in their entirety and to one in part. He directed the release of one report to which access had been refused in full and the partial release of a further report to which access had been refused in full. Finally, he directed the release of additional parts of five reports to which access had been granted in part.
Date: 02-02-2017
Case Number: 160258
Public Body: An Garda Síochána
Section of the Act.: s.6, s.30, s.32, s.35, s.36, s.37, s.42
Summary: The Commissioner varied the decision of the Gallery. He found that section 35(1)(b) applied to the list of undisclosed titles of artworks that were shown to be in private ownership and affirmed the Gallery's decision to refuse access to the titles concerned accordingly. He annulled the Gallery's decision in relation to the export licences for which the Gallery itself was the applicant, with no other owner being identified, and therefore directed that access be granted to the titles associated with certain licence numbers detailed in the decision.
Date: 02-02-2017
Case Number: 160396
Public Body: National Gallery of Ireland
Section of the Act.: s.35, s.35(1)(b), s.37, s.37(1),
Summary: The Senior Investigator varied 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 Dominos. However, she found one of the records to be much less sensitive than the others and directed its release in the public interest subject to the redaction of small amounts of personal information. She also found that section 35(1)(b) did not apply to the record concerned because she was not satisfied that its release would breach any duty of confidence that may be owed by RTÉ to Dominos in this case.
Date: 02-02-2017
Case Number: 160454
Public Body: RTÉ
Section of the Act.: s.35, s.36