Summary: The Senior Investigator affirmed the decision of the Court.
Date: 03-09-2018
Case Number: 180269
Public Body: Labour Court
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator varied the Hospital's decision. She annulled its effective refusal of access to the briefing papers, which the Hospital's decision had not considered and directed it to make a fresh decision on them. She found parts of the minutes to be covered by the request. She found that section 31(1)(a) applies to exempt a small part of one record. She found that sections 36(1)(b) and 37(1) apply to some information, and that the public interest warrants the grant of access to a small amount of the information concerned. She found that the Hospital had not justified its application of sections 29, 30(1)(a), 30(1)(b), 30(1)(c) and 35(1)(b) to the remainder of the records, and directed it to grant access to them.
Date: 31-08-2018
Case Number: 170492
Public Body: St Vincent's University Hospital
Section of the Act.: s.22, s.22(12)(b), s.30, s.30(1)(a), s.30(1)(b), s.30(1)(c), s.31, s.31(1)(a), s.35, s.35(1)(b),
Summary: The Senior Investigator affirmed the HSA's refusal to grant parts of the request. She found that it had justified its refusal of one part of the request under section 15(1)(a), on the basis that it did not hold the records. She found that its refusal of access to the records covered by remaining parts of the request was justified under section 37(1) of the FOI Act. She found that the public interest in granting access to those records does not outweigh the public interest in upholding the right to privacy of the third parties whose personal information is in the records.
Date: 31-08-2018
Case Number: 180157
Public Body: Health and Safety Authority
Section of the Act.: s.15, s.15(1)(a), s.37, s.37(1),
Summary: The Senior Investigator affirmed the decision of the Department.
Date: 31-08-2018
Case Number: 180196
Public Body: Department of Transport, Tourism and Sport
Section of the Act.: s.15, s.15(1)(a), s.15(1)(c),
Summary: The Senior Investigator affirmed the Agency's decision. She found that section 37(1) of the FOI Act applies to the records to which access was refused by the Agency, as release of these records would involve the disclosure of personal information of individuals other than the applicant, and the public interest that the request should be granted does not outweigh the public interest that the right to privacy of those individuals should be upheld.
Date: 31-08-2018
Case Number: 180243
Public Body: TUSLA - Child and Family Agency
Section of the Act.: s.37
Summary: The Senior Investigator affirmed the decision of the HPRA. She found that its decision to refuse to release additional records in relation to the applicant's requests on the basis of section 15(1)(a) of the FOI Act was justified. She also found that its decision to refuse to grant access to additional information contained in the record created in response to the applicant's request to be justified under section 37(1)(a), as it comprised personal information. She found that the public interest in granting access to such information was outweighed by the public interest in upholding the right of privacy of the individuals concerned.
Date: 28-08-2018
Case Number: 180030
Public Body: Health Products Regulatory Authority
Section of the Act.: s.15, s.15(1)(a), s.17, s.17(4), s.37, s.37(1),
Summary: The Senior Investigator varied the decision of the Department. He found that it was justified in refusing access to two records, in whole or in part, under section 28(1)(a) but that it was not justified in refusing access to the remaining records under section 29(1).
Date: 28-08-2018
Case Number: 180142
Public Body: Department of Housing, Planning & Local Government
Section of the Act.: s.28
Summary: The Senior Investigator affirmed the decision of the HSE with regard to part (a) of the applicant's request and found that it was justified in refusing access to the relevant records on the basis of section 37 of the FOI Act. With regard to part (b) of the applicant's request he annulled the decision of the HSE and directed that a fresh decision making process be undertaken in relation to this matter.
Date: 23-08-2018
Case Number: 180053
Public Body: HSE National Lead Office
Section of the Act.: s.37
Summary: The Senior Investigator varied the decision of KWETB. She annulled the decision of KWETB to refuse access to information in records under sections 29 and 35 of the Act and directed their release, subject to redactions of personal information of individuals other than the applicant. She affirmed its decision in relation to some records and found that section 37(1) of the Act applied to them on the basis that they contain the personal information of individuals other than the applicant. She found that the public interest in granting access to those records did not outweigh the public interest in upholding the privacy rights of other individuals.
Date: 23-08-2018
Case Number: 180086
Public Body: Kildare and Wicklow Education and Training Board
Section of the Act.: s.29
Summary: The Senior Investigator varied the decision of the SWAO. While he found that the SWAO was justified in refusing certain records under sections 42(f) and 31(1)(a), he directed the release of a number of other records.
Date: 23-08-2018
Case Number: 180176
Public Body: Social Welfare Appeals Office
Section of the Act.: s.31, s.31(1)(a),