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Decisions of the Information Commissioner

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You can search for decisions here. The FOI Act 2014 replaced the FOI Acts 1997 and 2003. The filters on the left allow you to find decisions based on whether they are pre 2014 or post 2014. Please note that the sections of the 2014 Act do not necessarily correspond to the sections of the old Acts.

Mr X and Trinity College Dublin

The Senior Investigator annulled TCD’s decision on the ground that it had failed to treat the application as an application for a statement of reasons under section 10. He directed TCD to carry out a fresh decision making process on the application in accordance with the provision of the FOI Act.

Date

8th December 2020

Case Number

OIC-99005-R7Q7F6

Public Body

Trinity College Dublin

Section of the Act

s.10

Mr Y and Health Service Executive

The Senior Investigator affirmed the decision of the HSE.

Date

8th December 2020

Case Number

OIC-99399-D1S3C8

Public Body

Health Service Executive

Section of the Act

s.9

Mr X and Defence Forces

The Snior Investigator annulled the Defence Force’s decision and he directed it to conduct a fresh decision-making process on the request.

Date

7th December 2020

Case Number

OIC-98411-J8N9H0 OIC-98243-Q5J8Q3

Public Body

Defence Forces

Section of the Act

s.10,s.15,s.15(1)(a)

Ms X and Department of Justice and Equality

The Senior Investigator varied the Department’s decision. Insofar as hard-copy records were concerned, she found that two records were not covered by the request. She found that records created by the Attorney General (AG) and/or the Attorney General’s Office (AGO) and/or the Chief State Solicitor and/or the Chief State Solicitor’s Office (CSSO) and records given to a Minister for Oireachtas proceedings were not subject to FOI further to the provisions of section 42(f) and 42(j). She found that sections 31(1)(a) (legal professional privilege) and 31(1)(c)(ii)(II) (consultations considered by a committee) applied to some records. She found that section 31(2)(b) (business of an inquiry) applied to certain records but not to a small number of records concerning the inquiry’s administration (section 31(3)). She found that section 37(1) (personal information) applied to certain records and that the public interest did not weigh in favour of their release. She found that sections 29(1) (deliberative process), 30(1)(a) (investigations by an FOI body) and 31(1)(c)(ii)(I) (opinions considered for proceedings in either House of the Oireachtas) did not apply. She directed the release of the remaining hard-copy records. She annulled the Department’s effective decision to withhold certain electronic records covered by the request and its presumed general reliance on section 15(1)(a) (reasonable searches) in relation to both hard copy and electronic records. She directed the Department to make fresh decisions on these matters.

Date

4th December 2020

Case Number

OIC-60891-Q9V5V8

Public Body

Department of Justice and Equality

Section of the Act

s.29,s.29(1),s.30,s.30(1)(a),s.31,s.31(1)(a),s.31(1)(c)(ii)(I),s.31(1)(c)(ii)(II),s.31(2)(b),s.37,s.37(1),s.42,s.42(f),s.42(j)

Ms HM and TUSLA: Child and Family Agency

The Senior Investigator affirmed TUSLA’s decision

Date

4th December 2020

Case Number

OIC-94098-J7N5N1

Public Body

TUSLA: Child and Family Agency

Section of the Act

s.15,s.15(1)(a)

Mr Y and Cork County Council

The Senior Investigator affirmed the decision of the Council.

Date

3rd December 2020

Case Number

OIC-96408-F6X4C8

Public Body

Cork County Council

Section of the Act

s.15,s.15(1),s.15(1)(a)

Mr U and Defence Forces

The Senior Investigator affirmed the decision of the Defence Forces that it is not required, by virtue of section 10(2)(a), to provide a more detailed statement of reasons as to why the applicant was unsuccessful in his application for recruitment to the Defence Forces.

Date

3rd December 2020

Case Number

OIC-95629-L4Z1J0

Public Body

Defence Forces

Section of the Act

s.10,s.10(2)(a),s.33,s.33(3)(a)

Ms G and An Bord Pleanála

The Senior Investigator annulled the Board’s decision to refuse access to the records sought and directed their release in full.

Date

3rd December 2020

Case Number

OIC-57675-L5M1X8

Public Body

An Bord Pleanála

Section of the Act

s.29,s.29(1)(a),s.29(2)

Mr Y and Defence Forces

The Senior Investigator affirmed the decision of the Defence Forces.

Date

2nd December 2020

Case Number

OIC-98764-X1W6C5

Public Body

Defence Forces

Section of the Act

s.15,s.15(1)(a)

Right to Know CLG and Kerry County Council

The Senior Investigator annulled the Council’s decision on the request and directed it to release the record.

Date

1st December 2020

Case Number

OIC-96184-L9S4H5

Public Body

Kerry County Council

Section of the Act

s.32,s.32(1)(a)(iv)

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