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 upheld the Bank?s decision.
Date: 21-12-2016
Case Number: 160399
Public Body: Central Bank Of Ireland
Section of the Act.: s.6
Summary: The Senior Investigator varied the decision of the HSE. She found that section 31(1)(b) applied to certain records. She further found that section 37 did not apply to the withheld information in some records and directed that these be released. She found that section 37(1) and/or 37(7) applied to exempt the remaining withheld information.
Date: 21-12-2016
Case Number: 160232
Public Body: Health Service Executive (Feidhmeannacht na Seirbhíse Sláinte)
Section of the Act.: s.31, s.31(1)(b), s.37, s.37(1), s.37(7),
Summary: The Senior Investigator varied AGS' decision. She partially upheld its application of section 36(1)(b) to certain records on the basis that they were commercially sensitive but directed the release in the public interest.of certain records including the total amounts charged to AGS. She affirmed its decision under section 37 to refuse access to other records on the basis that they contained third party personal information about persons other than the applicant, or joint personal information about the applicant and others. She found that the public interest that the rights of privacy of the third parties concerned should be upheld outweighs the public interest that the request be granted. She found other records to be outside the scope of the FOI Act having regard to the provisions of Schedule 1, Part 1(n) of the FOI Act. The Senior Investigator mostly affirmed AGS' reliance on section 15(1)(a) in refusing to release further records. She considered further searches to be warranted in respect of AGS' apparent failure to consider certain invoices, and remitted this matter to AGS for fresh consideration.
Date: 20-12-2016
Case Number: 160276
Public Body: An Garda Síochána
Section of the Act.: s.15, s.36, s.37
Summary: The Senior Investigator varied the CER's decision. She found that the CER's decision to refuse access to the majority of the records concerned was justified under section 33(3)(c)(ii) of the FOI Act on the basis that they contained information communicated to the European Commission in confidence. However, she annulled the CER's decision in relation to a small number of records at issue and directed their release.
Date: 20-12-2016
Case Number: 150269
Public Body: Commission for Energy Regulation
Section of the Act.: s.30, s.30(1), s.33, s.33(3), s.41, s.41(1), s.35
Summary: The Senior Investigator affirmed UCD's decision.
Date: 19-12-2016
Case Number: 160283
Public Body: University College Dublin
Section of the Act.: s.37
Summary: The Senior Investigator found that UCC was not justified in refusing the request under sections 15(1)(a) and 15(1)(c). He directed UCC to make a fresh decision-making process on the applicant's request.
Date: 16-12-2016
Case Number: 160479
Public Body: University College Cork
Section of the Act.: s.15, s.15(1)(a), s.15(1)(c),
Summary: The Senior Investigator found that the HSE was justified in its decision that no further records exist
Date: 15-12-2016
Case Number: 160378
Public Body: Health Service Executive West
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator affirmed the decision of the Council
Date: 15-12-2016
Case Number: 160321
Public Body: Medical Council
Section of the Act.: s.31, s.31(1)(a),
Summary: The Senior Investigator found that the PRA was justified in refusing the request on the ground that no further records exist or could be found after all reasonable steps to ascertain their whereabouts were taken.
Date: 15-12-2016
Case Number: 160384
Public Body: The Property Registration Authority
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator affirmed the Council's refusal of access to the records on the basis of section 36(1)(b) of the FOI Act (Commercially Sensitive Information). She found the records to be exempt under section 36(1)(b) and that, on balance, the public interest would be better served by refusing access to the records.
Date: 09-12-2016
Case Number: 160242
Public Body: Clare County Council
Section of the Act.: s.36