Summary: The Senior Investigator found that the Defence Forces was justified in its decision to refuse access to the records sought in accordance with the provisions of section 10(1)(a) of the FOI Act. He affirmed the decision of the Defence Forces.
Date: 25-03-2015
Case Number: 140343
Public Body: Defence Forces
Section of the Act.:
Summary: The Commissioner varied the decision of the IGB. He found that the FOI Act does not apply to Item 10 under Section 46(1)(c)(ii). He further found that Section 10(1)(a) applies to any further records which are relevant to Items 1, 6, 12 and 13 on the basis that they do not exist or cannot be found after reasonable steps have been taken to look for them. He further found that Section 28(1) applies to some information relevant to Items 4 and 8; that Section 27(1)(b) applies to two pieces of information relevant to Item 4 and that Section 22(1)(a) applies to Item 14. In relation to Items 2, 5 and 7, he was not satisfied that a finding could be made that section 10(1)(a) applied since the emails of a former official of the IGB had, apparently, not been searched. He annulled that part of the decision and directed the IGB to undertake a fresh decision making process on Items 2, 5 and 7.
Date: 25-03-2015
Case Number: 120179
Public Body: Bord na gCon
Section of the Act.:
Summary: The Senior Investigator found that the HSE was justified in its decision to refuse the applicant's request under section 10(1)(a) of the FOI Act.
Date: 20-03-2015
Case Number: 140134
Public Body: The Health Service Executive
Section of the Act.:
Summary: The Senior Investigator found that the Department was justified in deciding to refuse access to the records sought by the applicant on the basis of section 10(1)(a) of the FOI Act. He affirmed the decision of the Department.
Date: 20-03-2015
Case Number: 140324
Public Body: Department of Justice and Equality
Section of the Act.:
Summary: The Senior Investigator found that the effect of section 46(2) of the FOI Act is that section 17 of the FOI Act does not apply to the records at issue. He varied the Archives' decision.
Date: 20-03-2015
Case Number: 150015
Public Body: National Archives
Section of the Act.: s.17
Summary: The Senior Investigator annulled the decision of the Council and directed the release of the records concerned apart from the details that the applicant had agreed to exclude from the scope of the review.
Date: 19-03-2015
Case Number: 140052
Public Body: Cavan County Council
Section of the Act.:
Summary: The Senior Investigator annulled the Council's decision and directed the release of records.
Date: 18-03-2015
Case Number: 140317
Public Body: Medical Council
Section of the Act.:
Summary: The Commissioner found that the HSE was not justified in its decision to refuse access to records on the basis that the applicant was not considered to be the deceased person's next of kin. He annulled the decision and directed that the HSE undertake a fresh decision making process on the basis that the applicant belongs to a class of individual outlined in article 4(1)(b)(iii) of the Freedom of Information Act 1997 (Section 28(6)) Regulations 2009.
Date: 18-03-2015
Case Number: 140320
Public Body: HSE
Section of the Act.:
Summary: In relation to the requested amendments that were subject to review, the Senior Investigator found that the applicant had not provided sufficient evidence to support his contention that the personal information in the records was incomplete, incorrect or misleading for the purposes of section 17 of the FOI Act. She upheld the HSE's refusal to grant the application.
Date: 13-03-2015
Case Number: 140021
Public Body: The Health Service Executive
Section of the Act.: s.17
Summary: The Senior Investigator found that the Agency was justified in its decision to refuse access to the records on the basis that section 22(1)(a), section 22(1)(b), section 28(1) and section 28(5B) of the FOI Act applied. She affirmed the decision of the public body.
Date: 13-03-2015
Case Number: 140115
Public Body: TUSLA
Section of the Act.: