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 varied the Agency's decision. 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 to 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 applicants. In relation to that part of the request seeking a statement of reasons, the Senior Investigator annulled the decision of the Agency and directed it to assist the applicants in the making of a request for a statement of reasons and to consider any resulting request under section 10 the FOI Act. She annulled a decision made on one part of the request deemed to be refused by the Agency and directed it to make a new decision in accordance with section 21 of the FOI Act.
Date: 21-11-2016
Case Number: 160067
Public Body: TUSLA: Child and Family Agency
Section of the Act.: s.10, s.15, s.37
Summary: The Senior Investigator affirmed the HSA's decision
Date: 18-11-2016
Case Number: 160375
Public Body: Health and Safety Authority
Section of the Act.: s.37
Summary: The Senior Investigator varied the Agency's decision. She annulled any decision of the Agency in respect of additional records which came to light during the review or any further records that might be held and directed that a fresh decision making process be undertaken. She affirmed the Agency's decision to refuse access to certain records on the basis that section 37(1) of the FOI Act applied, since the withheld information concerns third party personal information.
Date: 18-11-2016
Case Number: 160305
Public Body: TUSLA - Child and Family Agency
Section of the Act.: s.15, s.37
Summary: The Senior Investigator found that the Board was justified its decision to refuse access to the record sought by the applicant under section 15(1)(a) of the FOI Act. He affirmed the decision of the Board
Date: 17-11-2016
Case Number: 160334
Public Body: Legal Aid Board
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator affirmed the CPSA's decision. She affirmed its effective decision under section 15(1)(a) to refuse access to any further records within the scope of the FOI request. She affirmed its application of section 15(1)(d) to records she accepted were in the public domain. The Senior Investigator affirmed the CPSA's application of section 31(1)(a) to records for which legal professional privilege had been claimed. Finally, she affirmed its decision under section 37 in respect of the remaining withheld information on the basis that it comprised personal information about persons other than the applicant. 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.
Date: 15-11-2016
Case Number: 160197
Public Body: Commission for Public Service Appointments
Section of the Act.: s.15, s.31, s.37
Summary: The Senior Investigator affirmed the Department's refusal of the material at issue under section 29(1) of the FOI Act, on the basis that it relates to the Department's deliberative processes, and that release at this point in time would be contrary to the public interest. She also found none of the exceptions at section 29(2) to apply.
Date: 10-11-2016
Case Number: 160042 and 150394
Public Body: Department of Communications Climate Action and Environment
Section of the Act.: s.29
Summary: The Senior Investigator found that the Department was not justified in its decision to charge a fee for search for and retrieval of records because it did not comply fully with the provisions of section 27 of the FOI Act
Date: 09-11-2016
Case Number: 160284
Public Body: Department of Jobs, Enterprise and Innovation
Section of the Act.: s.27
Summary: The Senior Investigator affirmed the Services' decision.
Date: 08-11-2016
Case Number: 160286
Public Body: The Brothers of Charity Services Limerick
Section of the Act.: s.37
Summary: The Commissioner varied the decision of the Department. He affirmed its decision in relation to certain records under sections 15(1)(a), 15(1)(d), 30(1)(c), 31(1)(a), 35(1)(b), 37(1) and (7) and 42(f) of the FOI Act. He annulled its decision in relation to the remaining records and directed their release.
Date: 08-11-2016
Case Number: 150400
Public Body: Department of Justice and Equality
Section of the Act.: s.15, s.15(1)(a), s.15(1)(d), s.31, s.31(1)(a), s.31(1)(b), s.37, s.37(1), s.37(7), s.30, s.42
Summary: The Senior Investigator found that NUIG was justified in refusing the request on the ground that no such records exist or could be found after all reasonable steps to ascertain their whereabouts were taken.
Date: 07-11-2016
Case Number: 160272
Public Body: National University of Ireland Galway
Section of the Act.: s.15, s.15(1)(a),