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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 Ken Foxe, Right to Know CLG and Wexford County Council

The Senior Investigator varied the decision of the Council. He found that the Council was justified in refusing access to certain records on the basis of sections 15(1)(d), 31(1) and 37(1) of the FOI Act. He found that the Council was not justified in refusing access to other records on the basis of section 31(1) and that it was not justified in refusing access to certain records on the basis of section 29(1) of the FOI Act. He directed their release, subject to the redaction of personal information.

Date

10th November 2022

Case Number

OIC-123014-Y4H5V5

Public Body

Wexford County Council

Section of the Act

s.15,s.15(1)(d),s.29,s.29(1),s.31,s.31(1),s.35,s.35(1),s.37,s.37(1)

Mr L and Department of Transport

The Investigator affirmed the Departments' decisions to refuse access to certain records under section 37(1) of the Act.

Date

10th November 2022

Case Number

OIC-127195-C1J7S9, OIC-127197-D4L9S8

Public Body

Department of Transport

Section of the Act

s.37,s.37(1)

Mr X and Health Service Executive

The Senior Investigator varied the HSE's decision. He found that it failed to have regard to the requirements of section 27(3)(b), which provides that the total amount of a charge under section 27(1) shall not exceed the prescribed maximum amount which is currently 500 euro. He found that the HSE was not entitled to charge a fee of 600 euro but was, however, entitled to charge a fee of 500 euro.

Date

9th November 2022

Case Number

OIC-122465-D7J5S0

Public Body

Health Service Executive

Section of the Act

s.27,s.27(1),s.27(3)

Mr Y and Department of Children, Equality, Disability, Integration and Youth

The Senior Investigator affirmed the Department's decision.

Date

9th November 2022

Case Number

OIC-125707-P3V7M1

Public Body

Department of Children, Equality, Disability, Integration and Youth

Section of the Act

s.15,s.15(1)(a),s.37,s.37(1)

Mr Z and Waterford City and County Council

The Senior Investigator annulled the decision of the Council and directed it to conduct a fresh decision making process on the request.

Date

9th November 2022

Case Number

OIC-123481-H0V5F9

Public Body

Waterford City and County Council

Section of the Act

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

Ms X and Fingal County Council

The Senior Investigator affirmed the Council's decision.

Date

8th November 2022

Case Number

OIC-126675-Y6H5X3

Public Body

Fingal County Council

Section of the Act

s.37,s.37(1)

Mr N and Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media

The Senior Investigator varied the Department's decision. She found that the Department was justified in refusing to release the information contained in the records which related to the operations of third parties. She found that section 36(1)(b) applied to this information and that the public interest, on balance, did not favour its release. She also found that the Department had not justified its reliance on sections 35(1)(a) or 36(1)(b) in relation to the remaining information in the records concerning Galway City Council, G2020 and related payments and she directed its release.

Date

8th November 2022

Case Number

OIC-107611-N4N3D3

Public Body

Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media

Section of the Act

s.35,s.35(1)(a),s.36,s.36(1)(b)

Mr Y and Citizens Information Board

The Senior Investigator affirmed the decision of the CIB.

Date

7th November 2022

Case Number

OIC-122597-Q7P0M4

Public Body

Citizens Information Board

Section of the Act

s.27

Mr and Mrs X and Cork City Council

The Senior Investigator annulled the decision of the Council and he directed it to consider the request afresh.

Date

7th November 2022

Case Number

OIC-126107-P8G4L1

Public Body

Cork City Council

Section of the Act

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

Mr X and Health Service Executive

The Senior Investigator affirmed the HSE's decision.

Date

4th November 2022

Case Number

OIC-124821-Y6C6X9

Public Body

Health Service Executive

Section of the Act

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

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