Summary: The Senior Investigator varied the decision of the Department. While he found that the Department was justified in refusing access to the vast majority of the information at issue under section 37(1), he found that a small amount of information was not exempt and directed its release.
Date: 01-04-2019
Case Number: 180530
Public Body: Department of Children and Youth Affairs
Section of the Act.:
Summary: The Senior Investigator varied the decision of the Council. She affirmed the Council's decision to refuse access to records under section 31(1)(a) of the Act on the basis of legal professional privilege. She found that section 37(1) applied to other records on the basis that they contain the personal information of individuals other than the applicant. She found that the public interest in granting the request did not outweigh the public interest in upholding the privacy rights of other individuals. The Senior Investigator annulled the Council's decision to refuse access to records under sections 30(1)(c) and 32(1)(a)(iv) and directed their release, subject to the redaction of personal information under section 37.
Date: 29-03-2019
Case Number: 180372
Public Body: Louth County Council
Section of the Act.: s.30, s.31, s.32
Summary: The Senior Investigator affirmed the Board's decision. She found that section 15(1)(a) of the FOI Act applies to the applicant's request insofar as it relates to additional records. She found that the Board was justified in refusing access to a number of records under section 31(1)(a) of the Act on the basis that the records would be exempt from production in a court on the basis of legal professional privilege. She found that the Board was justified in refusing access to one record under 37(1) of the Act as release of that record would involve the disclosure of third party personal information and the public interest that the request should be granted does not outweigh the public interest in upholding the right of privacy.
Date: 29-03-2019
Case Number: 180434
Public Body: Irish Greyhound Board
Section of the Act.: s.15, s.31, s.37
Summary: The Senior Investigator affirmed the decision of the Council. He found it was justified in refusing access to the records sought under section 42(m)(i).
Date: 29-03-2019
Case Number: 180524
Public Body: Tipperary County Council
Section of the Act.: s.42, s.42(m)(i),
Summary: The Senior Investigator affirmed the decision of the Agency. She found that parts of records previously withheld under section 15)(1)(i) were within the scope of this review. She affirmed its decision to refuse access to records under section 31(1)(a) and (b) of the Act. She also affirmed the decision of the Agency to withhold information in the remaining records under section 37(1) on the basis that they contain the personal information of individuals other than the applicant. She found that the public interest in granting the request did not outweigh the public interest in upholding the privacy rights of other individuals.
Date: 29-03-2019
Case Number: 180386
Public Body: TUSLA: Child and Family Agency
Section of the Act.: s.15, s.15(1)(i), s.31, s.31(1)(a), s.31(1)(b), s.37, s.37(1),
Summary: The Senior Investigator varied the Council’s decision. She found that section 15(1)(a) of the FOI Act applies to the applicant’s request insofar as it relates to additional records. She found that the Council was justified in refusing access to parts of certain record under 37(1) of the Act as release of those parts would involve the disclosure of personal information of individuals other than the applicant. However, having considered the provisions of section 37(8) and regulations made under that subsection, she found that the Council was not justified in its decision to refuse access to certain information which relates to the applicant's children and she directed release of that information to the applicant.
Date: 29-03-2019
Case Number: 180478
Public Body: Laois County Council
Section of the Act.: s.15, s.15(1)(a), s.37, s.37(1),
Summary: The Senior Investigator varied the Regulator's decision. She found certain information to be exempt under section 36(1)(b) (commercially sensitive information) and directed the Regulator to grant access to some of that information in the public interest. She found that the remaining information, was not exempt and directed the Regulator to grant access to those parts of the records.
Date: 28-03-2019
Case Number: 180257
Public Body: The Office of the Regulator of the National Lottery
Section of the Act.: s.35
Summary: The Senior Investigator affirmed the Department's decision to refuse access to the records. She found that they are exempt under section 36(1)(b) (commercial sensitivity) and that, on balance, the public interest would be better served by refusing the request.
Date: 28-03-2019
Case Number: 180279
Public Body: Department of Finance
Section of the Act.: s.30, s.33, s.35, s.36, s.37, s.40
Summary: The Senior Investigator varied the Department's decision to refuse access to the records. She found that the Department was not justified in refusing the request under section 29 (deliberative process). She found that sections 36(1)(b) (commercial sensitivity) and 36(1)(c) (information affecting negotiations) applied to the records and that the public interest weighed in favour of granting access to some but not all parts. She found that sections 31(1)(b) (contempt of court) and 35 (confidential information) did not apply to the remaining records or parts of the records.
Date: 28-03-2019
Case Number: 180287
Public Body: Department of Finance
Section of the Act.: s.36, s.36(1)(b), s.36(1)(c),
Summary: The Senior Investigator varied the Authority's decision. She found that section 37(1) applies to exempt parts of the draft report as release of those parts would involve the disclosure of personal information of identifiable individuals 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. She annulled the Authority's decision to refuse access to the remainder of the draft report and directed its releas
Date: 22-03-2019
Case Number: 180333
Public Body: The Higher Education Authority
Section of the Act.: s.29, s.30, s.37