Decisions of the Information Commissioner

The Senior Investigator affirmed the Hospital’s decision, under section 37(1) of the FOI Act

The Senior Investigator varied the FSAI’s decision. He found the FSAI was justified in refusing access to the individual survey responses under section 35(1)(b) on the ground that their release would breach a duty of confidence provided for by agreement. He found the FSAI was not justified in refusing access to a slideshow containing details of the collated anonymised responses given under section 35(1) and he directed the release of the record.

The Senior Investigator affirmed the Department’s decision. She found that the Department’s application of section 28(1)(a) of the FOI Act (records submitted to Government) was justified.

The Senior Investigator affirmed the HSE’s decision. She found that the records contained third party personal information and/or joint personal information (section 37) and that the public interest in protecting privacy rights outweighed the public interest in releasing the records.

The Senior Investigator affirmed the HSE’s decision. She found that the withheld details comprised third party personal information and/or joint personal information (section 37) and that the public interest in protecting privacy rights outweighed the public interest in fully releasing the records.

The Senior Investigator affirmed the HSE’s decision. She found that a record of a particular meeting did not exist (section 15(1)(a)). She also found that records and parts of records contained third party personal information and/or joint personal information (section 37) and that the public interest in protecting privacy rights outweighed the public interest in releasing the records.

The Senior Investigator affirmed the HSE’s decision. Having accepted that the records on which the statement would be based would be exempt under section 37 of the FOI Act (personal information), she found that section 10(2) of the FOI Act applies. Section 10(2) provides that section 10 does not require the giving to a person of information contained in a record which would fall to be refused as an exempt record. She also found that, because he is not his parents’ guardian, the applicant is not entitled to a statement of reasons further to the provisions of Regulations 6 and 7 of S.I. No. 53 of 2017.

The Senior Investigator varied the decision of the Department. She found that it was justified in its decision to refuse access to further records under section 15(1)(a), on the basis that they did not exist or cannot be found after reasonable searches. She found the Department was not justified in its decision to refuse access to the records remaining within the scope of the review under section 30(1)(c). She directed the release of the records.

The Senior Investigator affirmed the HSE’s decision.

The Senior Investigator affirmed the HSE’s decision, under section 37(1) of the FOI Act