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),
Summary: The Senior Investigator varied the decision of the Department. He found that it was justified in refusing access to two records, in whole or in part, under section 28(1)(a) but that it was not justified in refusing access to the remaining records under section 29(1).
Date: 28-08-2018
Case Number: 180142
Public Body: Department of Housing, Planning & Local Government
Section of the Act.: s.28
Summary: The Senior Investigator affirmed the decision of the HSE with regard to part (a) of the applicant's request and found that it was justified in refusing access to the relevant records on the basis of section 37 of the FOI Act. With regard to part (b) of the applicant's request he annulled the decision of the HSE and directed that a fresh decision making process be undertaken in relation to this matter.
Date: 23-08-2018
Case Number: 180053
Public Body: HSE National Lead Office
Section of the Act.: s.37
Summary: The Senior Investigator varied the decision of KWETB. She annulled the decision of KWETB to refuse access to information in records under sections 29 and 35 of the Act and directed their release, subject to redactions of personal information of individuals other than the applicant. She affirmed its decision in relation to some records and found that section 37(1) of the Act applied to them on the basis that they contain the personal information of individuals other than the applicant. She found that the public interest in granting access to those records did not outweigh the public interest in upholding the privacy rights of other individuals.
Date: 23-08-2018
Case Number: 180086
Public Body: Kildare and Wicklow Education and Training Board
Section of the Act.: s.29
Summary: The Senior Investigator varied the decision of the SWAO. While he found that the SWAO was justified in refusing certain records under sections 42(f) and 31(1)(a), he directed the release of a number of other records.
Date: 23-08-2018
Case Number: 180176
Public Body: Social Welfare Appeals Office
Section of the Act.: s.31, s.31(1)(a),
Summary: The Senior Investigator varied the decision of the Department. He found that it was justified in refusing access to six of the eight records at issue, in whole or in part, under sections 31(1)(a) and 42(f). He found that it was not justified in refusing access to the remaining records or parts of records, apart from certain personal information relating to third parties contained in two of the records.
Date: 22-08-2018
Case Number: 180010
Public Body: Department of Communications, Climate Action and Environment
Section of the Act.: s.30, s.30(1)(c), s.32,
Summary: The Senior Investigator found that the Department had not justified its refusal of access to the records under sections 29 or 33(1) of the FOI Act. She annulled the Department's decision and directed the release of the records.
Date: 21-08-2018
Case Number: 180138
Public Body: Department of Justice and Equality
Section of the Act.: s.29, s.33
Summary: The Senior Investigator affirmed the Department's refusal of the records under sections 33(3)(c)(i) (information communicated in confidence relating to Northern Ireland)and 35(1)(b) (duty of confidence).
Date: 20-08-2018
Case Number: 170488
Public Body: Department of Transport, Tourism and Sport
Section of the Act.: s.33, s.33(3)(c)(i), s.35, s.35(1)(b),