Summary: The Senior Investigator affirmed Revenue'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 section 31(1)(a) of the Act applies to two records as these records qualify for legal professional privilege. She found that sections 37(1), 36(1)(b), or 30(1)(a) apply to the remaining records to which access was refused in part, as release of these records would disclose personal information of third parties or commercially sensitive information or could prejudice the effectiveness of tests or examinations used by Revenue in the conduct of its vehicle registration function. She found that the public interest would, on balance, be better served by refusing the request insofar as it relates to the withheld parts of the records.
Date: 10-08-2018
Case Number: 180017
Public Body: Office of the Revenue Commissioners
Section of the Act.: s.15, s.30, s.31, s.36, s.37
Summary: The Senior Investigator affirmed the decision of the Hospital.
Date: 10-08-2018
Case Number: 180139
Public Body: The Rotunda Hospital
Section of the Act.: s.37
Summary: The Senior Investigator annulled the decision of the Hospital and directed it to undertake a fresh decision-making process in respect of the applicant's request.
Date: 10-08-2018
Case Number: 180200
Public Body: Mater Misericordiae Hospital Limited
Section of the Act.: s.15, s.15(1)(g),
Summary: The Senior Investigator affirmed the decision of the Department to refuse access to any further relevant records under section 15(1)(a) of the FOI Act on the ground that no further records exist or can be found.
Date: 09-08-2018
Case Number: 180156
Public Body: Department of Education and Skills
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator affirmed the decision of the PAS.
Date: 09-08-2018
Case Number: 180160
Public Body: Public Appointments Service
Section of the Act.: s.10
Summary: The Senior Investigator affirmed the decision of the Department.
Date: 09-08-2018
Case Number: 180169
Public Body: Department of Employment Affairs and Social Protection
Section of the Act.: s.15, s.15(1)(g),
Summary: The Senior Investigator affirmed the decision of the HSE. He found it was justified in refusing access to the information at issue under section 37(1).
Date: 09-08-2018
Case Number: 180173
Public Body: Health Service Executive
Section of the Act.: s.37, s.37(1), s.37(7),
Summary: The Senior Investigator affirmed the Department's decision under section 15(1)(c) of the FOI Act.
Date: 02-08-2018
Case Number: 170522
Public Body: Department of Defence
Section of the Act.: s.15, s.15(1)(c),
Summary: The Senior Investigator affirmed TUSLA's refusal to fully grant the applicant's request. She found that TUSLA had justified its refusal to grant access to further records relating to the applicant's stay in a particular residential centre, on the basis that it had carried out reasonable searches and that section 15(1)(a) applied. She found section 15(2) to apply to other records that are available for inspection or of which copies may be obtained whether upon payment or free of charge. She found the rest of the records to contain personal information about identifiable individuals other than the applicant, or joint personal information about the applicant and other identifiable individuals and to be exempt under 37(1) of the FOI Act. She further 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.
Date: 31-07-2018
Case Number: 180128
Public Body: The Child and Family Agency
Section of the Act.: s.15, s.15(1)(a), s.15(2), s.37, s.37(1),
Summary: The Senior Investigator annulled the decision of HIQA and directed that a fresh decision making process be undertaken.
Date: 31-07-2018
Case Number: 180177
Public Body: Health Information and Quality Authority
Section of the Act.: s.15, s.15(1)(c), s.27, s.27(12)(a),