Summary: The Senior Investigator varied the decision of the Council. She found that the record contained some personal information and upheld the Council's refusal of access to that part of the record under section 37 of the FOI Act. She directed release of the rest of the record.
Date: 31-01-2019
Case Number: 180443
Public Body: Dun Laoghaire-Rathdown County Council
Section of the Act.: s.30, s.30(1)(c), s.36, s.37
Summary: The Senior Investigator found that the Council had failed to properly consider the Freedom of Information Act 2014 (Section 37(8)) Regulations 2016 when processing the request. He annulled the Council's decision and directed it to undertake a fresh decision-making process in respect of the applicant's request having due regard to the relevant Regulations.
Date: 28-01-2019
Case Number: 180411
Public Body: Fingal County Council
Section of the Act.: s.37, s.37(8),
Summary: The Senior Investigator affirmed the decision of TCD. He found that it was justified in refusing access to the records on the basis of sections 35 and 37 of the FOI Act.
Date: 25-01-2019
Case Number: 180102
Public Body: Trinity College Dublin
Section of the Act.: s.35, s.37
Summary: The Senior Investigator varied the HSE's decision. She annulled its effective refusal of access to four files that were found but had not been considered under FOI, and directed the HSE to make a fresh decision under the FOI Act on these. She was satisfied that the HSE has now taken all reasonable steps to look for records covered by the requests and found section 15(1)(a) to apply. She annulled the HSE's refusal of access to parts of records under section 30(1)(c) (negotiation positions or plans). She found some information to be exempt under section 36(1)(c) (prejudice to the conduct or outcome of negotiations). She found other information to be exempt under section 37 (personal information). She directed the HSE to grant access to the remaining parts of the records.
Date: 24-01-2019
Case Number: 180263
Public Body: The Health Service Executive
Section of the Act.: s.15, s.15(1)(a), s.30, s.30(1)(c), s.36, s.36(1)(c), s.37
Summary: The Senior Investigator varied the HSE's decision. She annulled its effective refusal of access to four files that were found but had not been considered under FOI, and directed the HSE to make a fresh decision under the FOI Act on these. She was satisfied that the HSE has now taken all reasonable steps to look for records covered by the requests and found section 15(1)(a) to apply. She annulled the HSE's refusal of access to parts of records under section 30(1)(c) (negotiation positions or plans). She found some information to be exempt under section 36(1)(c) (prejudice to the conduct or outcome of negotiations). She found other information to be exempt under section 37 (personal information). She directed the HSE to grant access to the remaining parts of the records.
Date: 24-01-2019
Case Number: 180265
Public Body: The Health Service Executive
Section of the Act.:
Summary: The Senior Investigator affirmed the decision of the Council.
Date: 31-01-2019
Case Number: 180353
Public Body: Dún Laoghaire-Rathdown County Council
Section of the Act.: s.15, s.15(1)(c),
Summary: The Senior Investigator varied the decision of the Council. She found that it had not justified its refusal to grant access to the majority of the records under sections 30 and 31. She directed their release subject to the redaction of personal information of third parties. She also found that the Council had justified its decision to refuse to grant access to record 3 in part under section 37. She found that the public interest in granting the request did not outweigh the public interest in upholding the right of privacy of the third parties.
Date: 21-01-2019
Case Number: 180306
Public Body: A local authority
Section of the Act.: s.30, s.30(1)(a), s.30(1)(b), s.31, s.31(1)(a), s.37
Summary: The Senior Investigator varied the decision of the HSE. He found that it was justified in refusing access to the vast majority of the information at issue under section 37(1) of the FOI Act, with the exception of a small amount of information.
Date: 17-01-2019
Case Number: 180262
Public Body: The Health Service Executive
Section of the Act.: s.37
Summary: The Senior Investigator annulled the decision of the HSE to refuse access to the records sought, and directed it to provide the applicant with a transcript of her interview notes in accordance with the provisions of section 17 of the FOI Act.
Date: 14-01-2019
Case Number: 180382
Public Body: Health Service Executive
Section of the Act.: s.15, s.15(1)(a), s.17
Summary: The Senior Investigator found that the Department had not justified its decision to refuse the request as it had failed to consider the Freedom of Information Act 2014 (Section 37(8)) Regulations 2016. He annulled the decision and directed the Department to undertake a fresh decision-making process in respect of the applicant's request having due regard to the relevant Regulations.
Date: 14-01-2019
Case Number: 180494
Public Body: Department of Employment Affairs and Social Protection
Section of the Act.: s.37, s.37(8),