Decisions of the Information Commissioner

The Senior Investigator affirmed the PAS?s decision. She found that some of the withheld parts of the records are not within the scope of the applicant?s request. She found the remaining withheld records and parts of records to be exempt under sections 30(1)(a) (examinations carried out by an FOI body) and 37(1) (personal information) of the FOI Act. She found that the public interest in granting access to the details concerned did not outweigh the public interest in withholding them.

The Senior Investigator varied the Council?s decision. He affirmed the Council?s decision to refuse access, under section 31(1)(a) of the Act, to four email records it identified as coming within the scope of the request. However, he directed the Council to undertake a fresh decision making process on the request on the ground that it may hold other relevant records.

The Senior Investigator found that the Council was not justified in refusing the applicant?s request under section 15(1)(g). He annulled the Council?s decision and directed that it undertake a fresh decision-making process on the applicant?s request

The Senior Investigator affirmed the Department?s decision. She found that the information withheld from the records falls outside the scope of the request so that the application of exemptions does not arise in relation to it. She found that section 15(1)(a) of the FOI Act applies to the applicant?s request insofar as it relates to any additional records. She further found that the search and retrieval fees charged by the Department were justified under the FOI Act.

The Senior Investigator affirmed the Department?s decision under section 29(1) of the Act (deliberative processes).

The Senior Investigator affirmed the SEAI?s decision. She found that the record contained joint personal information and was exempt under section 37(1) of the FOI Act. She found that the public interest in upholding the right to privacy outweighed the public interest in granting the request.

The Senior Investigator affirmed the HSE?s decision to refuse access to the records sought under section 37(1).

The Senior Investigator varied the decision. She affirmed the decision of the LGMA under section 15(1)(a). She annulled its decision to refuse access to records under sections 30(1)(b) and 32(1)(a)(iv) of the FOI Act. She directed the release of parts of the records. She found that section 37 (Personal Information) applied to exempt other parts of the records. She found that the public interest in granting access to the withheld information does not outweigh the public interest in upholding the right to privacy of third parties.

The Senior Investigator annulled the Department's decision to refuse access to the record under section 15(1)(c) and directed the Department to undertake a fresh consideration of the applicant's FOI request in accordance with the provisions of the FOI Act.

The Senior Investigator affirmed the decision of the Defence Forces.