Summary: The Senior Investigator varied the decision of TII. She found that TII was justified in its decision to refuse access to withheld information in records on the basis that section 30(1)(a) of the FOI Act applied. She varied TII's decision to refuse access to withheld information in certain records under section 36 and directed the release of some of the information. She found that information in one record is exempt on the basis of section 37(1) of the FOI Act, since the withheld information contains the personal information of individuals other than the applicant. She found that the public interest in granting the request did not outweigh the public interest in upholding the privacy rights of those individuals.
Date: 31-07-2019
Case Number: OIC-53257-F7M2R7 (180474)
Public Body: Transport Infrastructure Ireland
Section of the Act.: s.30, s.30(1)(a), s.37, s.37(1), s.36
Summary: The Senior Investigator affirmed the decision of the Defence Forces. She found that the release of the remaining withheld parts of the records could reasonably be expected to prejudice or impair the fairness of civil proceedings in a court or other tribunal. She also found that the limited public interest test at section 32(3) did not apply to the records sought.
Date: 30-07-2019
Case Number: OIC-53310-S3B3B8 (190080)
Public Body: Defence Forces
Section of the Act.: s.32, s.32(1)(a)(iv),
Summary: The Senior Investigator affirmed the decision of the Defence Forces. She found that the release of the remaining withheld parts of the records could reasonably be expected to prejudice or impair the fairness of civil proceedings in a court or other tribunal. She also found that the limited public interest test at section 32(3) did not apply to the records sought.
Date: 30-07-2019
Case Number: OIC -53311-W4K8T5 (190081)
Public Body: Defence Forces
Section of the Act.: s.32, s.32(1)(a)(iv),
Summary: The Senior Investigator affirmed the Department's decision under section 33(2)(b)(i) of the FOI Act, on the basis that the records comprise communications in confidence between the Department and a diplomatic mission of the State
Date: 29-07-2019
Case Number: OIC-53417-S6B2S3 (190153)
Public Body: Department of the Taoiseach
Section of the Act.: s.33,
Summary: The Senior Investigator affirmed TUSLA's decision under sections 35 and 37(1) of the FOI Act
Date: 29-07-2019
Case Number: OIC-53488-G0X0N7 (190216)
Public Body: TUSLA
Section of the Act.: s.35, s.35(1)(a), s.35(3),
Summary: The Senior Investigator annulled the decision of the Department and directed it to undertake a fresh decision-making process in respect of the applicant?s request.
Date: 19-07-2019
Case Number: OIC-53379-M0J1Q2 (190126)
Public Body: Department of Justice and Equality
Section of the Act.: s.15, s.15(1)(g),
Summary: The Senior Investigator affirmed the decision of QQI.
Date: 18-07-2019
Case Number: OIC-53235-L6M5B6 (180340)
Public Body: Quality and Qualifications Ireland
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator varied the decision of the Department. He found that it was justified in refusing access to the majority of the two records at issue under section 37 of the FOI Act but that the public interest in granting partial access to the records at issue outweighed, on balance, the privacy rights of the individual to whom the information relates.
Date: 18-07-2019
Case Number: OIC- 53236-T0L5V5 (180379)
Public Body: Department of Housing, Planning and Local Government
Section of the Act.: s.37
Summary: The Senior Investigator affirmed the decision of TUSLA.
Date: 18-07-2019
Case Number: OIC-53422-F2X7V9 (190166)
Public Body: TUSLA
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator found that the section 38 requirements were not applied correctly in this case and annulled the decision of Dublin City Council.
Date: 16-07-2019
Case Number: OIC-53877-T5C5S4
Public Body: Dublin City Council
Section of the Act.: s.38