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 upheld TUSLA'S decision. She found sections 37(1) and 37(7) of the FOI Act to apply in that the records contained either the personal information of third parties including the applicant's nephews, or the joint personal information of the applicant and such third parties. She found that two records were also exempt under section 31(1)(b). While she found that TUSLA had not justified its effective refusal of access to certain records that it had not located and considered, those records were exempt under section 37(7) having regard to their nature. She found that the public interest that the rights of privacy of the individuals to whom the information relates should be upheld outweighs the public interest that the request be granted
Date: 10-12-2015
Case Number: 150204
Public Body: TUSLA Child and Family Agency
Section of the Act.:
Summary: The Senior Investigator varied the decision of the Hospital. He found that the Hospital was not required, under the provisions of section 10 of the FOI Act, to provide a statement of reasons for certain matters relating to the care and treatment of the applicant's daughter.
Date: 10-12-2015
Case Number: 150271
Public Body: St Vincent's University Hospital
Section of the Act.: s.10
Summary: The Senior Investigator found that the section 38 requirements were not applied correctly in this case to such an extent that the Commissioner had not jurisdiction to deal further with it. She annulled the decision of the Board
Date: 04-12-2015
Case Number: 150356
Public Body: Irish Film Board
Section of the Act.: s.38
Summary: The Senior Investigator varied the decision of the Service to refuse access to the record. He found that it was entitled to refuse access under section 42(l) of the FOI Act
Date: 02-12-2015
Case Number: 150040
Public Body: Houses of the Oireachtas Service
Section of the Act.: s.15, s.42
Summary: The Senior Investigator found that the Council was not justified in refusing access to the records. He annulled the Council's decision and directed the release of the records to the applicant
Date: 30-11-2015
Case Number: 140151
Public Body: Cork County Council
Section of the Act.: s.21, s.23, s.27
Summary: The Commissioner varied the decision of the Department. He annulled its decision in relation to the contract, except for those parts which he found to be exempt under section 15(1)(d) of the FOI Act, as they are in the public domain. He directed the Department to confirm or deny the existence of a record relating to payments and to decide whether to grant access to it if it exists.
Date: 30-11-2015
Case Number: 150062
Public Body: Department of Communications, Energy and Natural Resources
Section of the Act.: s.36, s.36(4), s.35, s.38
Summary: The Senior Investigator annulled the Council's decision to refuse the request and directed the Council to undertake a fresh decision making process on a narrowed request and to inform the applicant of the outcome in accordance with the requirements of the FOI Act.
Date: 30-11-2015
Case Number: 150190
Public Body: Bray Town Council
Section of the Act.:
Summary: The Senior Investigator found that the Department was justified in deciding to refuse access to the records, on the ground that the records are exempt under section 31(2) of the FOI Act. She affirmed the decision of the Department
Date: 27-11-2015
Case Number: 150194
Public Body: Department of Finance
Section of the Act.:
Summary: The Senior Investigator affirmed the decision of FSI
Date: 27-11-2015
Case Number: 150332
Public Body: Forensic Science Ireland
Section of the Act.:
Summary: The Senior Investigator varied the decision of the Council and directed the release of one further record, subject to the redaction of information that would reveal the identity of the complainant. He affirmed the Council's decision on the remainder of the records.
Date: 27-11-2015
Case Number: 150178
Public Body: Offaly County Council
Section of the Act.: s.32