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 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
Summary: The Senior Investigator affirmed the Council's decision to refuse access to the records, under section 42(m)(i) of the FOI Act
Date: 31-01-2017
Case Number: Leitrim County Council
Public Body: 160422
Section of the Act.: s.42
Summary: The Senior Investigator annulled the HSE?s decision to refuse access to the records requested and directed it to undertake a fresh decision-making process, having due regard to the provisions of the Freedom of Information Act, 1997 (Section 28(6)) Regulations, 2009 S.I. No. 387 of 2009
Date: 30-01-2017
Case Number: 160350
Public Body: Health Service Executive
Section of the Act.: s.37, s.37(8),
Summary: The Senior Investigator affirmed Irish Water's refusal of the withheld details, on the basis that the records contained personal information about individuals other than the applicants and were exempt under section 37(1) of the FOI Act. She found that the public interest in granting the request did not outweigh the public interest that the right to privacy of the individuals to whom the information relates should be upheld
Date: 25-01-2017
Case Number: 160442
Public Body: Irish Water
Section of the Act.: s.15, s.37
Summary: The Senior Investigator affirmed the decision of TUSLA.
Date: 24-01-2017
Case Number: 160316
Public Body: TUSLA
Section of the Act.: s.37