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 Agency was justified in its decision to refuse access to the records (with one exception) on the basis that sections 15(1)(a), 31(1)(b), 37(1) and 37(7) of the FOI Act applied. She found that section 15(1)(a) applies on the basis that records requested do not exist or cannot be found after reasonable steps have been taken to look for them. She affirmed the Agency's decision that section 31(1)(b) applied to records relating to proceedings under the Child Care Act. She also found that (with one exception) withheld information containing personal information of other individuals, third party personal information inextricably linked to the personal information of the applicant and his child and a small amount of personal information relating solely to the applicant and/or his child was exempt under section 37 of the Act. She directed the release of one record.
Date: 07-11-2016
Case Number: 160175
Public Body: TUSLA: Child and Family Agency
Section of the Act.: s.15, s.31, s.37
Summary: The Senior Investigator varied the decision of the Council. She affirmed its decision to refuse access to certain records under sections 31(1)(a), 35(1)(b), 36(1)(b) and 37(1) of the FOI Act. She found that the Council had not justified its decision in relation to the remaining records. She annulled the Council?s decision to refuse access to these records and directed their release.
Date: 07-11-2016
Case Number: 150297
Public Body: Louth County Council
Section of the Act.: s.30, s.30(1)(a), s.35, s.35(1)(b), s.36, s.36(1)(b), s.37, s.37(1),
Summary: The Senior Investigator varied the decision of the Council. She affirmed its decision to refuse access to certain records under sections 15(1)(a), 36(1)(b) and 37(1) of the FOI Act. She found that the Council had not justified its decision in relation to the remaining records. She annulled its decision in relation to those records and directed their release.
Date: 07-11-2016
Case Number: 150295
Public Body: Louth County Council
Section of the Act.: s.15, s.15(1)(a), s.36, s.36(1)(b), s.37, s.37(1),
Summary: The Senior Investigator affirmed the decision of the Department
Date: 04-11-2016
Case Number: 160308
Public Body: Department of Foreign Affairs and Trade
Section of the Act.: s.15, s.15(1)(g),
Summary: The Senior Investigator affirmed the decision to refuse access to the records/parts of records on the basis of sections 15(1)(a), 37(1) and 37(7) of the FOI Act. She found that to grant access to the withheld records/parts of records would involve the disclosure of personal information of individuals other than the applicant. She also found that TUSLA 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: 03-11-2016
Case Number: 160092
Public Body: TUSLA Child and Family Agency
Section of the Act.: s.37
Summary: The Senior Investigator varied the Agency?s decision. She affirmed its decision in relation to records partially withheld under section 37(1) and/or 37(7) of the Act with the exception of a small amount of information in one record which she directed for release
Date: 03-11-2016
Case Number: 160295
Public Body: TUSLA: Child and Family Agency
Section of the Act.: s.37, s.37(1), s.37(7),
Summary: The Senior Investigator found that the decision to refuse access to the records concerned was justified under section 35(1)(b) of the FOI Act. She affirmed the Gallery's decision accordingly
Date: 01-11-2016
Case Number: 160056
Public Body: National Gallery of Ireland
Section of the Act.: s.36,
Summary: The Senior Investigator affirmed the decision of the Department.
Date: 27-10-2016
Case Number: 160307
Public Body: Department of Social Protection
Section of the Act.: s.37
Summary: The Senior Investigator annulled the Department's decision to refuse access to the records under section 15(1)(c) and directed the Department to undertake a fresh consideration of the applicant's FOI request in accordance with the provisions of the FOI Act.
Date: 25-10-2016
Case Number: 160411
Public Body: Department of Defence
Section of the Act.: s.15, s.15(1)(c), s.15(4),
Summary: The Commissioner exercised his discretion to discontinue this review under section 22(9)(a)(vii) of the FOI Act
Date: 25-10-2016
Case Number: 150430
Public Body: NAMA
Section of the Act.: