Summary: The Senior Investigator affirmed the Department's refusal to grant access to further records under sections 31(1)(a) (legal professional privilege) and 37(1) (personal information of third parties) of the FOI Act. In her consideration of the public interest at section 37(5) she found that the public interest in granting access to the records does not outweigh the public interest in upholding the right to privacy of the third parties.
Date: 29-11-2018
Case Number: 180365
Public Body: Department of Agriculture, Food and the Marine
Section of the Act.: s.31, s.31(1)(a), s.37, s.37(1),
Summary: The Senior Investigator varied the Council's refusal to grant the applicant access to further records covered by the review. She annulled the Council's effective refusal of records found during the review and directed it to make a fresh decision on these records in accordance with the provisions of the FOI Act. She affirmed the Council's refusal to grant access to further such records under section 15(1)(a), on the basis that the Council has demonstrated that it has taken all reasonable steps to search for them.
Date: 29-11-2018
Case Number: 180313
Public Body: Waterford City and County Council
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator found that the NSCDA had not justified its refusal under sections 36 and 40 of the FOI Act. She annulled the decision of the NSCDA and directed release of the record.
Date: 28-11-2018
Case Number: 180198
Public Body: National Sports Campus Development Authority
Section of the Act.: s.36, s.40
Summary: The Senior Investigator affirmed the decision of the HSE to refuse access to the additional records sought under section 15(1)(a) of the FOI Act on the ground that no further records exist or can be found.
Date: 28-11-2018
Case Number: 180305
Public Body: Health Service Executive
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator affirmed the decision of the HSE.
Date: 28-11-2018
Case Number: 180347
Public Body: Health Service Executive
Section of the Act.: s.30, s.30(1)(b), s.37, s.37(1), s.37(7),
Summary: The Senior Investigator varied the decision of QQI. He directed QQI to amend the record by the addition of a specified statement.
Date: 27-11-2018
Case Number: 180203
Public Body: Quality and Qualifications Ireland
Section of the Act.: s.9
Summary: The Senior Investigator affirmed the decision of the Council
Date: 27-11-2018
Case Number: 180307
Public Body: Dublin City Council
Section of the Act.: s.15
Summary: The Commissioner varied the decision of the Department. He directed the release of 62 records to the applicant in full or in part. He affirmed the Department's decision to refuse access to the remaining records under sections 31(1)(a), 35(1)(b), and 42(f).
Date: 22-11-2018
Case Number: 160068
Public Body: Department of Transport, Tourism and Sport
Section of the Act.: s.31, s.31(1)(a), s.35, s.35(1)(a), s.35(1)(b), s.36, s.36(1)(b), s.37, s.37(1), s.42, s.42(f),
Summary: The Senior Investigator affirmed the decision of the Council.
Date: 22-11-2018
Case Number: 170405
Public Body: Fingal County Council
Section of the Act.: s.41, s.41(1),
Summary: The Senior Investigator affirmed the decision of the Hospital to refuse access to the records sought under section 15(1)(a) of the FOI Act.
Date: 22-11-2018
Case Number: 180342
Public Body: Beaumont Hospital
Section of the Act.: s.15, s.15(1)(a),