Summary: The Senior Investigator affirmed the Agency's decision. She found that the applicant was not entitled access to withheld information in the records under section 37 of the FOI Act. She found that the public interest in granting the request does not outweigh the public interest in upholding the right to privacy of the various third parties.
Date: 03-12-2019
Case Number: OIC-53502-D4F0C9 (190239)
Public Body: TUSLA
Section of the Act.: s.37, s.37(1),
Summary: The Senior Investigator affirmed the decision of the RSA to refuse access to the records sought under section 15(1)(a) of the FOI Act.
Date: 02-12-2019
Case Number: OIC-57170-Q0R6J6
Public Body: Road Safety Authority
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator affirmed the HSE?s decision. She found that the spreadsheet contains personal information that is exempt under section 37 of the FOI Act. In her consideration of the public interest at section 37(5) she found that the public interest in granting access to the record does not outweigh the public interest in upholding the right to privacy of the third parties.
Date: 28-11-2019
Case Number: OIC-54676-N8B4F3
Public Body: Health Service Executive
Section of the Act.: s.2, s.2(1), s.37, s.37(1),
Summary: The Senior Investigator annulled the decision of the Department. He found that section 29(1) and 30(1)(b) did not apply and that the Department had not properly considered the applicability of section 36(1)(b). He directed the Department to undertake a fresh decision making process in respect of the record.
Date: 26-11-2019
Case Number: OIC-53237-Y3C8G9 (180402)
Public Body: Department of Agriculture, Food and the Marine
Section of the Act.: s.36, s.36(1)(b), s.29
Summary: The Senior Investigator affirmed the decision of the LWETB.
Date: 25-11-2019
Case Number: OIC-53914-M0B3H7
Public Body: Longford and Westmeath Education and Training Board
Section of the Act.: s.37
Summary: The Senior Investigator affirmed Irish Water?s decision to refuse access to any further relevant records under section 15(1)(a) of the FOI Act on the ground that no further records exist or can be found.
Date: 22-11-2019
Case Number: OIC-55071-G0L2S5
Public Body: Irish Water
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator annulled the decision of the HSE and directed it to undertake a fresh decision-making process in respect of the applicant?s request.
Date: 21-11-2019
Case Number: OIC-53286-K0D8L2 (190036)
Public Body: Health Service Executive
Section of the Act.: s.15, s.15(1)(a),
Summary: The Commissioner annulled the decision of TUSLA and directed it to undertake a fresh decision-making process in respect of the records, having due regard to The Freedom of Information Act 2014 (Section 37(8)) Regulations 2016, S.I. No. 218/2016 and Guidance produced by the Minister for Public Expenditure and Reform.
Date: 20-11-2019
Case Number: OIC-53238-H6C3M7 (180405)
Public Body: TUSLA
Section of the Act.: s.6, s.6(2), s.37, s.37(1), s.37(8), s.41, s.41(1)(a), s.41(1)(b),
Summary: The Commissioner varied TUSLA's decision. He affirmed its decision on certain records under sections 15(1)(a), 31(1)(a) and 37(1) of the FOI Act. He annulled its decision on certain records or parts of records and directed their release. He annulled its decision on certain other records and directed TUSLA to make a fresh decision, having due regard to the provisions of the Freedom of Information Act 2014 (Section 37(8)) Regulations 2016, S.I. No. 218/2016 and Guidance produced by the Minister for Public Expenditure and Reform.
Date: 20-11-2019
Case Number: OIC-53262-W9S7J8 (180523)
Public Body: TUSLA
Section of the Act.: s.15, s.15(1)(a), s.31, s.31(1)(a), s.37, s.37(1), s.37(8), s.41, s.41(1)(a), s.41(1)(b),
Summary: The Senior Investigator affirmed the OPW?s decision. She found that section 36(1)(b) of the FOI Act applies to the records at issue as their release would disclose commercially sensitive information and the public interest would, on balance, be better served by refusing the request.
Date: 20-11-2019
Case Number: OIC-53431-B4H2C7 (190180)
Public Body: Office of Public Works
Section of the Act.: s.36, s.36(1)(b),