Summary: The Senior Investigator annulled the decision of the BAI and directed the release of the information sought.
Date: 28-09-2018
Case Number: 180199
Public Body: Broadcasting Authority of Ireland
Section of the Act.: s.35
Summary: The Senior Investigator affirmed the Hospital's decision. She found that the records contained personal information and were exempt under section 37(1). She found that the applicant was not entitled to access them under Regulations made under section 37(8) of the FOI Act having concluded that, having regard to all the circumstances, the public interest, including that in the confidentiality of personal information, would on balance be better served by refusing the request. She also found that the applicant was not entitled to the records under the other exceptions to section 37(1).
Date: 28-09-2018
Case Number: 180245
Public Body: The Adelaide and Meath Hospital Dublin, incorporating the National Children's Hospital
Section of the Act.: s.37, s.37(1), s.37(8),
Summary: The Senior Investigator affirmed the decision of the Department.
Date: 27-09-2018
Case Number: 170552
Public Body: Department of Employment Affairs and Social Protection
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator annulled the Hospital's effective refusal of the request on the basis that it had not made any proper decision on it under the FOI Act. She remitted the request to the Hospital for fresh consideration.
Date: 27-09-2018
Case Number: 180274
Public Body: National Maternity Hospital, Holles St
Section of the Act.: s.13,
Summary: The Senior Investigator affirmed the decision of the Department. He found that the records at issue were exempt from release under section 35(1)(b) of the FOI Act, as granting access would constitute a breach of an equitable duty of confidence owed by the Department to a named individual.
Date: 26-09-2018
Case Number: 180165
Public Body: Department of Business, Enterprise and Innovation
Section of the Act.: s.35, s.35(1)(b),
Summary: The Senior Investigator affirmed the decision of GNI. He found that no right of access exists to any such records created before the effective date applicable to GNI, i.e. 21 April 2008.
Date: 26-09-2018
Case Number: 180212
Public Body: Gas Networks Ireland
Section of the Act.: s.11
Summary: The Senior Investigator affirmed the decision of the Defence Forces to refuse to amend the records at issue.
Date: 26-09-2018
Case Number: 180266
Public Body: Defence Forces
Section of the Act.: s.9
Summary: The Senior Investigator affirmed the HSA's decision to refuse access to the record under section 30(1)(a) of the FOI Act (prejudice to procedures employed in the performance of investigative functions). She was also satisfied that the public interest weighed in favour of the refusal of the request.
Date: 25-09-2018
Case Number: 180158
Public Body: Health and Safety Authority
Section of the Act.: s.30, s.30(1)(a),
Summary: The Senior Investigator affirmed the decision of the Agency. She affirmed the Agency's decision to refuse access to records under section 31(1)(a) of the Act on the basis of legal professional privilege. She affirmed its decision to refuse access to information in other records under section 37(1) on the basis that they contain 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 other individuals.
Date: 25-09-2018
Case Number: 180220
Public Body: TUSLA: Child and Family Agency
Section of the Act.: s.31, s.31(1)(a), s.37, s.37(1),
Summary: The Senior Investigator affirmed the Department's decision to refuse access to the record. She considered it to contain personal information about other identifiable individuals and joint personal information about the applicant and other identifiable individuals. She found the record to be exempt under section 37(1) of the FOI Act. She found that none of the exceptions to section 37(1) applied and that the public interest in granting access to the record does not outweigh the public interest in upholding the right to privacy of third parties.
Date: 24-09-2018
Case Number: 180149
Public Body: Department of Justice and Equality
Section of the Act.: s.37, s.37(1),