Summary: The Senior Investigator varied the decision of TUSLA. She found that it was justified in refusing to grant access to the majority of the records at issue in full or in part under sections 31(1)(a), 37(7) and 42(m)(i) of the FOI Act. She affirmed its decision to refuse to grant access to additional records under section 15(1)(a) of the Act. She found that it was not justified in refusing to grant access to a small number of records under section 37(1) and directed their release.
Date: 15-05-2017
Case Number: 160541
Public Body: TUSLA: Child and Family Agency
Section of the Act.: s.15, s.15(1)(a), s.31, s.31(1)(b), s.37, s.37(1), s.37(7), s.42
Summary: The Senior Investigator affirmed the HSE's decision to refuse access to the records on the basis that sections 37(1) and 37(7) of the FOI Act applied, since the withheld information contains the personal information of individuals other than the applicants which is inextricably linked to the personal information of the applicants. 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: 12-05-2017
Case Number: 170035
Public Body: Health Service Executive
Section of the Act.: s.37
Summary: The Senior Investigator affirmed the decision of the Hospital.
Date: 11-05-2017
Case Number: 170045
Public Body: National Maternity Hospital
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator affirmed the decision of the Council. He found it was justified in refusing access to the information sought under section 42(m)(i)
Date: 11-05-2017
Case Number: 170117
Public Body: Roscommon County Council
Section of the Act.: s.32, s.35, s.42
Summary: The Senior Investigator affirmed the decision of the Department.
Date: 11-05-2017
Case Number: 160464
Public Body: Department of Justice and Equality
Section of the Act.: s.15, s.15(1)(c),
Summary: The Senior Investigator affirmed the Department's refusal of access to the record. She found that it was exempt under section 30(1)(b) of the FOI Act in that its release could reasonably be expected to have a significant adverse effect on the performance by an FOI body of its functions relating to management including industrial relations and management of its staff. She found that, on balance, the public interest in granting the request did not outweigh the public interest in refusing to grant it.
Date: 09-05-2017
Case Number: 170019
Public Body: Department of Public Expenditure and Reform
Section of the Act.: s.30
Summary: The Senior Investigator affirmed the Department's refusal of access to the record. She found that it was exempt under section 30(1)(b) of the FOI Act in that its release could reasonably be expected to have a significant adverse effect on the performance by an FOI body of its functions relating to management including industrial relations and management of its staff. She found that, on balance, the public interest in granting the request did not outweigh the public interest in refusing to grant it.
Date: 09-05-2017
Case Number: 170019
Public Body: Department of Public Expenditure and Reform
Section of the Act.: s.30
Summary: The Senior Investigator affirmed the Department's refusal of the requested records under sections 29(1), 31(1)(a), and 42(f) of the FOI Act
Date: 08-05-2017
Case Number: 170008
Public Body: Department of Public Expenditure and Reform
Section of the Act.: s.29, s.31, s.42
Summary: The Senior Investigator annulled the HSE's effective refusal of access to certain records and remitted those matters to the HSE for fresh consideration. She found that reports in particular alternative formats suggested by the applicant do not exist and that section 15(1)(a) applies to these and to all other records within the scope of the request that the applicant claimed should exist
Date: 08-05-2017
Case Number: 170015
Public Body: the Health Service Executive
Section of the Act.: s.15, s.37
Summary: The Senior Investigator varied the Department's decisions. He directed the Department to release of the names of the adjudicators sought. He affirmed the Department's refusal of access to the remaining records sought on the basis it does not hold the records sought.
Date: 08-05-2017
Case Number: 160500, 160503, 160507
Public Body: Department of Arts, Heritage, Regional, Rural and Gaeltacht Affairs
Section of the Act.: s.15, s.15(1)(a), s.30