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 Commissioner, having accepted that the Department did not physically hold the requested records, upheld the Department's refusal thereof under section 10(1)(a) of the FOI Act. He also upheld the Department's effective refusal of the records on the basis that section 6(9) of the FOI Act did not apply. However, he annulled the Department's effective refusal of the records under section 2(5)(a) of the FOI Act, having been satisfied that the Department controls Bus Éireann's operation of, and records relating to, the scheme. He directed the Department to undertake a fresh decision making process.
Date: 02-10-2015
Case Number: 150067
Public Body: Department of Education and Skills
Section of the Act.:
Summary: The Commissioner affirmed the Department's decision and found that section 36(1)(b) of the FOI Act applied to exempt the employers' details on the basis of commercial sensitivity. He also found, in the circumstances of this case (particularly the Department's acknowledgment that it was not satisfied its internal guidelines for sanctioning employers were sufficiently comprehensive to ensure that fair procedure was afforded to all of those employers), that the public interest would not, on balance, be better served by granting the request.
Date: 02-10-2015
Case Number: 150104
Public Body: Department of Social Protection
Section of the Act.:
Summary: The Senior Investigator varied the HSE's decision and directed the release of a number of recommendations and other general material contained in the report. She affirmed the decision to refuse access to the main body of the report.
Date: 30-09-2015
Case Number: 140327
Public Body: Health Service Executive
Section of the Act.:
Summary: The Senior Investigator found that the HSE was justified in its decision to refuse access to the records sought by the applicant under section 15(1)(a) of the FOI Act. She affirmed the decision of the HSE.
Date: 30-09-2015
Case Number: 150163
Public Body: The Health Service Executive
Section of the Act.:
Summary: The Senior Investigator affirmed the decision of UCC.
Date: 29-09-2015
Case Number: 150129
Public Body: University College Cork
Section of the Act.:
Summary: The Senior Investigator affirmed the HSE's decision. She found it was justified in its decision to refuse access to the records sought by the applicant under section 10(1)(a) of the Act, on the basis that they do not exist or cannot be found after reasonable searches for the records have been performed.
Date: 28-09-2015
Case Number: 150166
Public Body: The Health Service Executive
Section of the Act.:
Summary: The Senior Investigator varied the decision of the Institution. She affirmed that part of its decision relating to section 10(1)(a) of the Act. She annulled the Institution's decision to refuse records on the basis of sections 20(1) and/or 21(1)(b) of the Act and she directed release of the records in question.
Date: 24-09-2015
Case Number: 140267
Public Body: Third Level Institution
Section of the Act.:
Summary: The Senior Investigator found that the Council was not justified in deciding to refuse access to the record in accordance with sections 35(1)(a) and 42(m)(i) of the FOI Act. She varied the Council's decision, directing it to release the record subject to the redaction of personal information relating to the complainant.
Date: 24-09-2015
Case Number: 150153
Public Body: Cork County Council
Section of the Act.:
Summary: The Senior Investigator found that the Department's decision was justified in respect of some of the records, including memoranda for Government and records invoking the deliberative process, but that it was not justified in refusing to release others. She varied the Department's decision and directed the release of certain records to the applicant.
Date: 22-09-2015
Case Number: 140319
Public Body: Department of Arts, Heritage and the Gaeltacht
Section of the Act.: s.19, s.20, s.27, s.28
Summary: The Senior Investigator varied the decision of the Revenue in respect of question 1.4f of the request to reflect her finding that the applicant had not demonstrated a material interest as required under the provisions of section 18 of the FOI Act and that he was not, therefore, entitled to a statement of reasons for the act identified. She affirmed the decision of the Revenue to refuse the applicant's request access to records in respect of question 3.2 of the request.
Date: 21-09-2015
Case Number: 150084
Public Body: Office of the Revenue Commissioners
Section of the Act.: s.18, s.21, s.27