Summary: The Senior Investigator annulled the HSE's decision on the basis that it had not satisfied her that it had justified its decision under sections 31(1)(b) or 30(1)(c) of the Act. She directed the release of the records.
Date: 01-12-2017
Case Number: 170310
Public Body: Health Service Executive
Section of the Act.: s.30, s.30(1)(c), s.31, s.31(1)(b),
Summary: The Senior Investigator affirmed the Agency's decision. She affirmed the Agency's decision to refuse access to two 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 a number of records under section 37(1) on the basis that they contain the personal information of individuals other than the applicant and her minor child. 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: 01-12-2017
Case Number: 170396
Public Body: TUSLA
Section of the Act.: s.31, s.31(1)(a), s.37
Summary: The Senior Investigator affirmed the Body's refusal of the applicant's requests on the basis that they are frivolous or vexatious and ones to which section 15(1)(g) applies.
Date: 30-11-2017
Case Number: 160477 & 170109
Public Body: The Body
Section of the Act.: s.15, s.15(1)(g),
Summary: The Senior Investigator varied the decision and directed the Society to release additional information relating to pricing, evaluation and feedback to the applicant.
Date: 30-11-2017
Case Number: 170122
Public Body: Pharmaceutical Society of Ireland
Section of the Act.: s.35, s.36
Summary: The Senior Investigator affirmed the Department's decision. She found that section 31(1)(c) of the FOI Act applies as release of the withheld information could reasonably be expected to disclose positions to be taken for the purpose of negotiations being carried on by an FOI Body and the public interest would, on balance, be better served by refusing the release of the withheld information.
Date: 30-11-2017
Case Number: 170241
Public Body: Department of Finance
Section of the Act.: s.31, s.31(1)(c),
Summary: The Senior Investigator affirmed the OPW's decision in relation to the withheld records, under sections 30(1)(c), 31(1)(a), 37 and 42(f) of the FOI Act.
Date: 30-11-2017
Case Number: 170319
Public Body: Office of Public Works
Section of the Act.: s.30, s.30(1)(c), s.31, s.31(1)(a), s.42, s.42(f), s.37
Summary: The Senior Investigator varied the decision of the Department. She found that it was justified under section 15(1)(a) in its effective refusal of access to additional records on the ground that they did not exist or could not be found once all reasonable steps had been taken to ascertain their whereabouts. She also affirmed the Department's decision to refuse access to records in full or in part on the basis of sections 30(1)(a), 30(1)(b) and 31(1)(a) of the FOI Act. She annulled the Department's decision in relation to sections 32(1)(a)(i) and 36(1)(b) and directed the release of additional records to the applicant.
Date: 29-11-2017
Case Number: 170066
Public Body: Department of Agriculture, Food & the Marine
Section of the Act.:
Summary: The Senior Investigator affirmed the decision of TUSLA to withhold access to certain records and parts in records on the basis of section 28 of the FOI Act.
Date: 29-11-2017
Case Number: 170148
Public Body: TUSLA
Section of the Act.: s.28
Summary: The Senior Investigator affirmed the decision of the EAT under section 10 on the ground that the applicant is not entitled to a statement of reasons for the relevant act to which her request refers. He found that the applicant did not have a material interest in a matter affected by the act for which she sought a statement of reasons, or in a matter to which the act relates.
Date: 29-11-2017
Case Number: 170215
Public Body: Employment Appeals Tribunal
Section of the Act.: s.10
Summary: The Senior Investigator varied the Department's decision. She affirmed the Department's refusal to grant access to some of the records on the basis that they were outside the scope of the request, or contained personal information with the public interest not warranting release (section 37), or comprised a record given to the Taoiseach for the purposes of Dail proceedings (section 42(j)). She annulled the Department's refusal to grant access to a part of one record on the basis that it was outside the scope of the request, and directed the Department to make a new decision on this, subject to establishing that the applicant wants to have access to the information concerned. She annulled its refusal to grant access to the rest of the records and directed that access be granted to them.
Date: 29-11-2017
Case Number: 170296
Public Body: Department of Health
Section of the Act.: s.42, s.42(j), s.30, s.37