Decisions of the Information Commissioner

The Senior Investigator annulled the decision of the Department and directed it to undertake a fresh decision-making process in respect of each of the applicant’s requests. Having regard to the particular circumstances arising, he found that the Department was not justified in deeming the requests to be vexatious on the ground that they were submitted to circumvent having to pay search and retrieval charges.

The Senior Investigator affirmed the HSE’s refusal to grant the request under section 15(1)(a) of the FOI Act, on the basis that she was satisfied that it had carried out reasonable searches for the records and the records cannot be found or no longer exist.

The Senior Investigator affirmed the decision of the Council. He found that the applicant had failed to submit his section 10 application within 12 months of becoming aware of the substantive act for which a statement of reasons was sought and that he did not have a material interest in matters affected by the various related acts or to which they relate.

The Senior Investigator affirmed the decision of the HSE to refuse the application for amendment on the ground that the HSE does not hold the records at issue.

The Senior Investigator affirmed the decision of the HSE to refuse access to the records sought under section 15(1)(a) of the FOI Act.

The Senior Investigator varied the decision. She found that the HSE was justified in its decision to refuse access to withheld information in records on the basis of sections 15(1)(d), 30(1)(b), 30(1)(c) and 37(1) of the FOI Act. She annulled the HSE’s decision to refuse access to withheld information in other records under sections 31(1)(a) and 36(1)(b) & (c) and directed the release of some of the information. She annulled the HSE’s effective refusal of access under section 15(1)(a) and directed it to undertake a fresh consideration of whether certain other records were held or could be found after reasonable searches.

The Senior Investigator affirmed the decision of RTÉ.

The Senior Investigator affirmed the decision of the HSE.

The Senior Investigator varied the Department's decision on the request. She found that certain records are exempt under sections 28(1)(a) (draft Memorandum for Government), 28(1)(c) (information for Minister's use at Cabinet meeting), 29(1) (deliberative processes) and 33(1)(d) (international relations of the State) of the FOI Act. She found that the remaining records are not exempt and directed the Department to release them.

The Senior Investigator varied the Regulator's decision. She found the records to be exempt under section 36(1)(b) (commercially sensitive information). With the exception of one paragraph which she directed the Regulator to withhold, she found that that the public interest weighed in favour of releasing the records