Summary: The Senior Investigator affirmed the decision of the Department. She found that the Department was justified in its decision to refuse access to further records under section 15(1)(a) of the FOI Act, on the basis that they did not exist or cannot be found after reasonable searches. She found that the Department was justified in its decision to refuse access to withheld information in other records on the basis that section 37(1) of the FOI Act applied, since the withheld information contains 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 those individuals.
Date: 15-05-2019
Case Number: 180490
Public Body: Department of Justice and Equality
Section of the Act.: s.15, s.15(1)(a), s.37, s.37(1), s.37(2), s.37(5),
Summary: The Senior Investigator affirmed the decision of the Department. She found that the Department was justified in its decision to refuse access to further records under section 15(1)(a) of the FOI Act, on the basis that they did not exist or cannot be found after reasonable searches. She found that the Department was justified in its decision to refuse access to withheld information in one record on the basis that section 37(1) of the FOI Act applied, since the withheld information contains 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 those individuals.
Date: 15-05-2019
Case Number: 180517
Public Body: Department of Justice and Equality (the Department)
Section of the Act.: s.15, s.15(1)(a), s.37, s.37(1),
Summary: The Senior Investigator found that the section 38 requirements were not applied correctly in this case and annulled the decision of the Arts Council. She directed it to conduct a new decision making process in compliance with the FOI Act.
Date: 14-05-2019
Case Number: 190200
Public Body: The Arts Council
Section of the Act.: s.38
Summary: The Senior Investigator affirmed the decision of the Department.
Date: 10-05-2019
Case Number: 190123
Public Body: Department of Justice and Equality
Section of the Act.: s.37
Summary: The Senior Investigator annulled the decision of the NCSE. He directed the release of the rounded total of the SET allocation for all primary schools in Co. Kerry as notified to those schools in the letters issued by the NCSE to all such schools in March 2017
Date: 08-05-2019
Case Number: 190056
Public Body: National Council for Special Education
Section of the Act.: s.41
Summary: The Senior Investigator annulled the decision of the HSE and directed it to undertake a fresh decision-making process in respect of the request.
Date: 03-05-2019
Case Number: 190018
Public Body: Health Service Executive
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator found that the section 38 requirements were not applied correctly in this case and annulled the decision of the Nursing and Midwifery Board of Ireland
Date: 03-05-2019
Case Number: 190183
Public Body: Nursing and Midwifery Board of Ireland
Section of the Act.: s.38
Summary: The Senior Investigator affirmed the decision of AGS.
Date: 02-05-2019
Case Number: 180520
Public Body: An Garda Síochána
Section of the Act.:
Summary: The Senior Investigator affirmed EI's refusal to grant access to the records under section 37(1) (personal information of identifiable individuals) of the FOI Act. 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. She was not satisfied that EI has taken all reasonable steps to look for records covered by the request or that further records do not exist (section 15(1)(a)). Therefore, she annulled EI's refusal of that part of the request and directed it to make a fresh decision on any further records within the scope of the request.
Date: 30-04-2019
Case Number: 180389
Public Body: Enterprise Ireland
Section of the Act.: s.12, s.12(1)(b), s.15, s.15(1)(a), s.37, s.37(1), s.18
Summary: The Senior Investigator found that the Council did not properly apply the requirements of section 38 in this case. She annulled the Council's decision and directed it to make a new decision on the request in accordance with the requirements of the FOI Act.
Date: 26-04-2019
Case Number: 190006
Public Body: Meath County Council
Section of the Act.: s.37, s.37(1), s.38