Decisions of the Information Commissioner

The Senior Investigator annulled the decision of the HSE on the ground that it failed to offer assistance to the applicant under section 15(4) of the FOI Act. He directed it to conduct a fresh decision-making process in respect of the applicant’s request.

The Senior Investigator found that LMETB was justified in its decision to charge a fee of €175 for the search for and retrieval of relevant records.

The Senior Investigator varied the decision of AIT. He found that section 15(1)(a) applied to part 2. He found that sections 15(1)(i), 31(1)(a) and 31(1)(b) applied to certain records. In so far as section 15(1)(a) was claimed or implied, he annulled the decision on parts 1, 3, 4 and 5 and directed that AIT undertake a fresh consideration of the request. He directed the release of records to which no exemption was found to apply.

The Senior Investigator annulled the decision of RTÉ and directed the release of the record in its entirety

The Senior Investigator affirmed AGS’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 certain information withheld is exempt under section 37(1) of the FOI Act as release would involve the disclosure of personal information of individuals other than the applicant and the public interest that the request should be granted does not outweigh the public interest that the right to privacy of those individual(s) should be upheld. Finally, she found that the remainder of the withheld information falls within the exclusion in Schedule 1 Part 1(n) of the Act

The Senior Investigator varied the decision of the HSE. She found that sections 30(1)(b) and 37(1) applied to most of the records and that, on balance, the public interest did not favour the release of the majority of them. However, she found that the HSE was not justified under section 37 in withholding access to some of the records sought, and she directed their release. She also found that section 31(1)(a) applied to a number of other records and that the HSE was justified in withholding these. The Senior Investigator found that the HSE was not justified in refusing to grant access to additional records located during the review, on the basis of section 15(1)(a) and directed the HSE to undertake a fresh decision making process in relation to these records.

The Senior Investigator affirmed the decision of the Department.

The Senior Investigator affirmed the decision of DCU

Whether the Council was justified in refusing to grant access to additional records concerning the applicant's housing under section 15(1)(a) of the FOI Act

Whether the Council was justified in refusing to grant access to additional records concerning the applicant's housing under section 15(1)(a) of the FOI Act