Summary: The Senior Investigator affirmed the decision of the Department. He found that no right of access exists to any such records created before the effective date applicable to the Department, i.e. 21 April 1998.
Date: 11-09-2018
Case Number: 180267
Public Body: Department of Agriculture, Food and the Marine
Section of the Act.: s.11, s.11(5),
Summary: The Senior Investigator annulled the decision of the Department and directed it to release the record in full.
Date: 10-09-2018
Case Number: 180271
Public Body: Department of Housing, Planning and Local Government
Section of the Act.: s.36, s.36(1)(b),
Summary: The Senior Investigator found that the HSE 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 HSE to undertake a fresh decision-making process in respect of the applicant's request having due regard to the relevant Regulations.
Date: 04-09-2018
Case Number: 180219
Public Body: Health Service Executive
Section of the Act.:
Summary: The Senior Investigator found that the section 38 requirements were not applied correctly in this case and annulled the decision of Screen Ireland.
Date: 04-09-2018
Case Number: 180343
Public Body: Screen Ireland
Section of the Act.: s.38, s.38(2),
Summary: The Senior Investigator affirmed the decision of the Court.
Date: 03-09-2018
Case Number: 180269
Public Body: Labour Court
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator varied the Hospital's decision. She annulled its effective refusal of access to the briefing papers, which the Hospital's decision had not considered and directed it to make a fresh decision on them. She found parts of the minutes to be covered by the request. She found that section 31(1)(a) applies to exempt a small part of one record. She found that sections 36(1)(b) and 37(1) apply to some information, and that the public interest warrants the grant of access to a small amount of the information concerned. She found that the Hospital had not justified its application of sections 29, 30(1)(a), 30(1)(b), 30(1)(c) and 35(1)(b) to the remainder of the records, and directed it to grant access to them.
Date: 31-08-2018
Case Number: 170492
Public Body: St Vincent's University Hospital
Section of the Act.: s.22, s.22(12)(b), s.30, s.30(1)(a), s.30(1)(b), s.30(1)(c), s.31, s.31(1)(a), s.35, s.35(1)(b),
Summary: The Senior Investigator affirmed the HSA's refusal to grant parts of the request. She found that it had justified its refusal of one part of the request under section 15(1)(a), on the basis that it did not hold the records. She found that its refusal of access to the records covered by remaining parts of the request was justified under section 37(1) of the FOI Act. She found that the public interest in granting access to those records does not outweigh the public interest in upholding the right to privacy of the third parties whose personal information is in the records.
Date: 31-08-2018
Case Number: 180157
Public Body: Health and Safety Authority
Section of the Act.: s.15, s.15(1)(a), s.37, s.37(1),
Summary: The Senior Investigator affirmed the decision of the Department.
Date: 31-08-2018
Case Number: 180196
Public Body: Department of Transport, Tourism and Sport
Section of the Act.: s.15, s.15(1)(a), s.15(1)(c),
Summary: The Senior Investigator affirmed the Agency's decision. She found that section 37(1) of the FOI Act applies to the records to which access was refused by the Agency, as release of these records 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 individuals should be upheld.
Date: 31-08-2018
Case Number: 180243
Public Body: TUSLA - Child and Family Agency
Section of the Act.: s.37
Summary: The Senior Investigator affirmed the decision of the HPRA. She found that its decision to refuse to release additional records in relation to the applicant's requests on the basis of section 15(1)(a) of the FOI Act was justified. She also found that its decision to refuse to grant access to additional information contained in the record created in response to the applicant's request to be justified under section 37(1)(a), as it comprised personal information. She found that the public interest in granting access to such information was outweighed by the public interest in upholding the right of privacy of the individuals concerned.
Date: 28-08-2018
Case Number: 180030
Public Body: Health Products Regulatory Authority
Section of the Act.: s.15, s.15(1)(a), s.17, s.17(4), s.37, s.37(1),