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 decision of the Department. He directed the release of the records relevant to part 1 in full. He directed the Department to undertake a fresh decision making process in relation to part 2 of the request
Date: 19-10-2022
Case Number: OIC-115429-V1B3H0
Public Body: Department of Education
Section of the Act.: s.15,
Summary: The Senior Investigator varied the decision of the Council. He found that section 15(1)(a) applied to some parts of the request, and that section 37 applied to some records in full and to the withheld information in other records. He found that section 42(m)(i) applied to certain other records. He found that two records and certain parts of three other records were not exempt and he directed their release
Date: 19-10-2022
Case Number: OIC-112346-L9M4Z2
Public Body: Longford County Council
Section of the Act.: s.15, s.15(1)(a), s.30, s.30(1)(c), s.37, s.37(1), s.42, s.42(m)(i),
Summary: The Senior Investigator affirmed the Department's decision to refuse access to the relevant records under section 32(1)(a)(i) of the Act.
Date: 18-10-2022
Case Number: OIC-125194-D4Z5C3
Public Body: Department of Social Protection
Section of the Act.: s.32, s.32(1)(a)(i),
Summary: The Senior Investigator varied the decision of AGS. He affirmed the decision to refuse access to the majority of the information requested on the basis that it was outside the scope of the FOI Act insofar as it relates to AGS as set out in Part 1(n) of Schedule 1. He annulled its decision to refuse access to the rate charged per member in attendance at the events on the basis of section 36(1)(c) and directed AGS to release the information sought
Date: 18-10-2022
Case Number: OIC-124169-K2T2K8, OIC-124172-M2X7P9
Public Body: An Garda Síochána
Section of the Act.: s.15, s.15(1)(c), s.36, s.36(1)(c),
Summary: The Senior Investigator affirmed the Department's decision. He found that the Department was justified in refusing access to certain records under sections 42(m)(i), 42(f), 31(1)(a) and 37(1) of the FOI Act. He found that it was also justified in refusing access to additional specified records under section 15(1)(a) of the FOI Act on the ground that the records sought could not be found.
Date: 17-10-2022
Case Number: OIC-102709-Y3Z0N0
Public Body: Department of Agriculture, Food and the Marine
Section of the Act.: s.15, s.15(1)(a), s.31, s.31(1)(a), s.37, s.37(1), s.42, s.42(g), s.42(m)(i),
Summary: The Investigator affirmed the HSE's decision
Date: 14-10-2022
Case Number: OIC-125916-N7C0H9
Public Body: Health Service Executive
Section of the Act.: s.37, s.37(1),
Summary: The Investigator affirmed the decision of the Council
Date: 14-10-2022
Case Number: OIC-127620-X9L4T7
Public Body: Limerick City and County Council
Section of the Act.: s.37, s.37(1),
Summary: The Investigator affirmed the body's decision. She found that section 32(1)(c) (facilitate commission of an offence) applied to passwords. She found that section 37(1) (personal information) applied to the remaining details and that the public interest did not weigh in favour of their release.
Date: 13-10-2022
Case Number: OIC-123480-H7G6L6
Public Body: An FOI Body
Section of the Act.: s.37, s.37(1), s.32
Summary: The Senior Investigator varied the decision of Tusla. While he affirmed Tusla's decision to refuse access to the majority of the remaining information in the records on the basis of sections 31(1)(a) and 37 of the Act, he directed the release of some of the redacted information on the ground that section 37(1) did not apply.
Date: 13-10-2022
Case Number: OIC-120121-C0B7V2
Public Body: Tusla
Section of the Act.: s.31, s.31(1)(a), s.37, s.37(1),
Summary: The Senior Investigator varied Revenue's decision. She affirmed its application of section 15(1)(a) (reasonable searches/records do not exist). She affirmed the refusal of some records under section 15(1)(i) (records already released) but annulled Revenue's decision on the remainder, and directed it to make a new decision on these records. She affirmed Revenue's application of section 37(1) (personal information) to certain details and found that the public interest did not weigh in favour of their release. She found that some information was exempt under sections 31(1)(a) (legal professional privilege) and 41(1)(a) (disclosure prohibited by an enactment). She annulled Revenue's refusal of the remaining withheld records and parts of records under sections 30(1)(a) (effectiveness of audits) and section 32(1)(a)(i) (investigation of offences) and directed Revenue to grant access to the details concerned.
Date: 13-10-2022
Case Number: OIC-115307-G3S4Y0
Public Body: Office of the Revenue Commissioners
Section of the Act.: s.15, s.15(1)(a), s.15(1)(i), s.30, s.30(1)(a), s.31, s.31(1)(a), s.32, s.32(1)(a)(i), s.32(1)(a)(ii), s.37, s.37(1), s.41, s.41(1)(a),