Summary: The Senior Investigator affirmed the Department?s refusal to grant the applicant's request. She found that section 15(1)(a) applies on the basis that certain records do not exist, while others either do not exist or cannot be found after reasonable searches were carried out for them. She found that the grant of access to a record created from electronic systems would disclose personal information about the staff member and that section 37 applied. She further found that the public interest in granting the request for that record does not, on balance, outweigh the public interest in upholding the individual's right to privacy.
Date: 16-11-2017
Case Number: 170371
Public Body: Department of Agriculture Food and the Marine
Section of the Act.: s.15, s.15(1)(a), s.37, s.37(1), s.37(5),
Summary: The Senior Investigator affirmed the Department's refusal of access to the records on the basis of section 36(1)(b) of the FOI Act (Commercially Sensitive Information). She found that, on balance, the public interest would be better served by refusing access to the records.
Date: 15-11-2017
Case Number: 170367
Public Body: Department of Public Expenditure and Reform
Section of the Act.: s.36, s.36(1)(b),
Summary: The Senior Investigator affirmed the decision of the HSE. He found it was justified in refusing access to the information sought under section 15 (1)(a) of the FOI Act.
Date: 14-11-2017
Case Number: 170382
Public Body: Health Service Executive West
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator affirmed the PAS decision. She found that it had justified its refusal of access to additional records on the basis that they do not exist and/or that reasonable searches had been carried out (section 15(1)(a)). She found that one record was exempt on the basis that it is in the public domain (section 15(1)(d)). She found that section 37 applied to parts of records containing personal information about persons other than the applicant and that the public interest in upholding the rights of privacy outweighs the public interest that the request be granted. She found records created by the Attorney General or the Office of the Attorney General were not subject to the FOI Act (section 42(f)) and that others attracted legal professional privilege (section 31(1)(a)) or were Government records (section 28(1)(a)).
Date: 09-11-2017
Case Number: 170326
Public Body: Public Appointments Service
Section of the Act.: s.2, s.15, s.28, s.31, s.37, s.42
Summary: The Senior Investigator varied the HSE's decision. She affirmed its refusal to grant access to most of the withheld information, on the basis that it comprised personal information about individuals other than the applicant and was exempt under section 37(1) of the FOI Act. She found that the public interest in granting the applicant's request for the information concerned did not outweigh the public interest that the right to privacy of the individuals to whom the information relates should be upheld. However, she directed the release of some parts of records under section 37(2)(a), on the basis that those parts contained personal information relating solely to the applicant.
Date: 09-11-2017
Case Number: 170421
Public Body: Health Service Executive
Section of the Act.: s.37, s.37(1), s.37(2), s.37(5),
Summary: The Senior Investigator varied the decision of EirGrid. She affirmed its decision to refuse to release additional records under section 15(1)(a). She also affirmed EirGrid's decision to refuse access to Records 1, 2 and 3 in full or in part on the basis of section 36(1)(b). She annulled its decision to refuse to grant access to Records 4, 5 and 16 and directed their release in full or in part. She also annulled its decision to refuse to grant access to the remainder of Record 1 and directed it to make a new decision on this information.
Date: 06-11-2017
Case Number: 170206
Public Body: EirGrid PLC
Section of the Act.: s.15, s.36
Summary: The Senior Investigator affirmed the decision of the Council.
Date: 03-11-2017
Case Number: 170334
Public Body: Westmeath County Council
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator affirmed the decision of the Council under sections 15 (1)(a) and 42 (m)(i) of the FOI Act.
Date: 03-11-2017
Case Number: 170389
Public Body: Galway County Council
Section of the Act.: s.15, s.15(1)(a), s.42, s.42(m)(i),
Summary: The Senior Investigator affirmed the decision of the Department to refuse the request.
Date: 03-11-2017
Case Number: 170455
Public Body: Department of Agriculture, Food and the Marine
Section of the Act.: s.42, s.42(m)(i),
Summary: The Senior Investigator varied the decision of the Council by annulling it in relation to the applicant's 2004 housing application and directing that further searches be carried out but affirming the refusal to grant access to the statistical information sought.
Date: 02-11-2017
Case Number: 170287
Public Body: Louth County Council
Section of the Act.: s.15, s.15(1)(a), s.15(1)(c), s.17, s.17(4),