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 annulled those parts of the HSE's decision on which the applicant applied to the Commissioner for a review, and remitted them for fresh consideration. The applicant had asked various questions, rather than seeking records. However, the HSE replied to those questions, rather than treating them as a request for records that would answer the questions asked. As the HSE had not, therefore, identified any relevant records that existed and decided whether they were releasable in accordance with the FOI Act, there was no decision under the FOI Act that was capable of review in this case.
Date: 30-11-2016
Case Number: 160370
Public Body: The Health Service Executive
Section of the Act.: s.7, s.12
Summary: The Senior Investigator affirmed the University's refusal of the record under section 30(1)(b) of the FOI Act on the ground that release of the record at this time would have a serious adverse effect on the performance by the University of its functions relating to management.
Date: 30-11-2016
Case Number: 160137
Public Body: PUBLIC BODY University of Limerick
Section of the Act.: s.30
Summary: The Senior Investigator affirmed the Department's decision to withhold access to the records. She found that in accordance with section 11, the FOI Act did not apply to the records created before the commencement of the Act. She found that the remainder of the records were exempt under sections 35(1)(a) and 37 of the FOI Act.
Date: 29-11-2016
Case Number: 160187
Public Body: Department of Transport, Tourism and Sport
Section of the Act.: s.41, s.41(1), s.11, s.35, s.37
Summary: The Senior Investigator affirmed the decision of the Hospital to refuse access to any further records on the basis of section 15(1)(a) of the FOI Act. She found that the Hospital had justified its position that additional records identified by the applicant either do not exist or cannot be found after all reasonable steps to ascertain their whereabouts have been taken.
Date: 28-11-2016
Case Number: 160171
Public Body: Adelaide and Meath Hospital, Incorporating The National Children's Hospital
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator affirmed the decision and found that the NSCDA was justified in its decision to refuse access to the records under sections 22(1)(a) and 22(1)(b) of the FOI Act, on the basis that legal advice privilege applied to one record and that disclosure of the remaining records would constitute contempt of court.
Date: 28-11-2016
Case Number: 160103
Public Body: National Sports Campus Development Authority
Section of the Act.: s.22
Summary: The Senior Investigator affirmed the decision of the HSE.
Date: 25-11-2016
Case Number: 160318
Public Body: Health Service Executive
Section of the Act.: s.35, s.35(1)(a), s.37
Summary: The Senior Investigator affirmed the Department's decision.
Date: 24-11-2016
Case Number: 160342
Public Body: Department of Justice and Equality
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator affirmed the decision of the HSE.
Date: 24-11-2016
Case Number: 160033
Public Body: Health Service Executive
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator varied the HSE's decision. She affirmed its decision to withhold certain information under section 37(1) of the FOI Act. She annulled its decision to refuse access to the remaining information and directed the release of that information. In relation to records which were illegible, she annulled the HSE's decision and directed that a fresh decision be made
Date: 23-11-2016
Case Number: 160190
Public Body: HSE
Section of the Act.: s.37
Summary: The Senior Investigator affirmed the decision of NAMA.
Date: 22-11-2016
Case Number: 160364
Public Body: National Asset Management Agency
Section of the Act.: s.15