Summary: The Senior Investigator annulled the decision of the Department of Education & Skills. He found that it was not justified in refusing to grant access to the records under section 29 of the FOI Act.
Date: 23-11-2017
Case Number: 170482
Public Body: Department of Education & Skills
Section of the Act.: s.29, s.29(1),
Summary: The Senior Investigator affirmed the decision of the Regulator under sections 35(1)(b) and 36(1)(b) of the FOI Act on the basis that the redacted comments disclosed confidential commercial plans and could otherwise result in harm to PLI's competitive position. As the partial release of the refusal letters had served the public interest in openness and transparency to some degree, she found that, on balance, the public interest would be better served by refusing access to the records at issue.
Date: 22-11-2017
Case Number: 170248
Public Body: Office of the Regulator of the National Lottery
Section of the Act.:
Summary: The Senior Investigator affirmed the decision of the ODCE on the ground that the FOI Act does not apply to the footage by virtue of Schedule 1, Part 1(g).
Date: 22-11-2017
Case Number: 170474
Public Body: Office of the Director of Corporate Enforcement
Section of the Act.:
Summary: The Senior Investigator affirmed the decision of the Department.
Date: 21-11-2017
Case Number: 170250
Public Body: Department of Social Protection
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator varied the decision of the Department. He found that the Department was justified, under section 15(1)(a), in refusing access to one report on the ground that the report sought does not exist. He found that section 32(1)(c) applies to paragraphs 7.3 to 7.8 of the report sought at item 9 of the applicant's request and to paragraph 4.5 of the report sought at item 18. He directed the release of paragraphs 7.1, 7.2, 7.9 and 7.10 of item 9 and paragraph 10.2 of item 18.
Date: 21-11-2017
Case Number: 170402
Public Body: Department of Justice and Equality
Section of the Act.: s.32, s.32(1)(c), s.15
Summary: The Senior Investigator varied the decision of the IPS. He found that the IPS was justified in refusing access on the ground that the information sought falls within the meaning of section 37(1) of the FOI Act.
Date: 20-11-2017
Case Number: 170142
Public Body: Irish Prison Service
Section of the Act.: s.37, s.37(1),
Summary: The Senior Investigator affirmed the decision of the Council. He found that no right of access would exist to any such records as they would have been created before the effective date applicable to the Council, i.e. 21 October 1998.
Date: 20-11-2017
Case Number: 170419
Public Body: Galway County Council
Section of the Act.: s.11
Summary: The Senior Investigator affirmed the HSE's decision. She found that the HSE's decision to refuse access to the withheld information in the remaining records was justified under section 37(1) of the Act.
Date: 17-11-2017
Case Number: 170368
Public Body: Mr X and Health Service Executive (FOI Act 2014)
Section of the Act.: s.37
Summary: The Senior Investigator found that the section 38 requirements were not applied correctly in this case and annulled the decision of the Department. He directed it to conduct a new decision making process in compliance with the FOI Act.
Date: 17-11-2017
Case Number: 170527
Public Body: Department of Culture, Heritage and the Gaeltacht
Section of the Act.: s.38
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),