Summary: The Senior Investigator varied the HSE's decision. She annulled its effective refusal of access to four files located during the review, and directed the HSE to make a fresh decision under the FOI Act on those records. The Senior Investigator was not satisfied that the HSE has taken all reasonable steps to look for records covered by the request or that further records do not exist (section 15(1)(a)). The Senior Investigator found that the HSE had not justified its application of section 29 (deliberative process). She annulled that part of its decision and directed the HSE to grant access to the records that it had refused under section 29. She found that section 36(1)(b) applied to part of a record (a daily rate), and that the public interest did not weigh in favour of disclosure of the rate. She directed that access be granted to the rest of that record.
Date: 10-01-2019
Case Number: 180433
Public Body: Health Service Executive
Section of the Act.: s.15, s.15(1)(a), s.36, s.36(1)(b), s.29
Summary: The Senior Investigator affirmed the decision of the HSE to refuse access to additional relevant records under section 15(1)(a) of the FOI Act on the ground that no further relevant records exist.
Date: 08-01-2019
Case Number: 180208
Public Body: Health Service Executive
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator varied the decision of the VCI. She affirmed the decision to refuse access to some records under sections 42(m)(i), 30(1)(a) and 31(1)(a) of the FOI Act. She annulled the decision to refuse access to one record under section 29(1) and directed release of that record.
Date: 08-01-2019
Case Number: 180319
Public Body: Veterinary Council of Ireland
Section of the Act.: s.29, s.30, s.31, s.42
Summary: The Senior Investigator affirmed UCD's decision, under section 37 of the FOI Act.
Date: 31-12-2018
Case Number: 180419
Public Body: University College Dublin
Section of the Act.: s.37, s.37(1), s.37(7),
Summary: The Senior Investigator affirmed UCD's decision under section 15(1)(a) of the FOI Act
Date: 31-12-2018
Case Number: 180469
Public Body: University College Dublin
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator affirmed UCD's decision, under sections 15, 31 and 37 of the FOI Act.
Date: 31-12-2018
Case Number: 180324
Public Body: University College Dublin
Section of the Act.: s.15, s.15(1)(a), s.31, s.31(1)(a), s.37, s.37(1), s.37(7),
Summary: The Senior Investigator varied the Board's decision. She found that some of the records do not exist and affirmed the Board's refusal of these parts of the request under section 15(1)(a). She found the requested email to be exempt under section 37 (personal information) of the FOI Act. She found that the public interest in granting access to the email does not outweigh the public interest in upholding the right to privacy of a third party. She annulled the Board's decision to refuse access to parts of another record and directed that these be released.
Date: 24-12-2018
Case Number: 180217
Public Body: Ms X and The Waterford and Wexford Education and Training Board (the Board)(FOI Act 2014)
Section of the Act.: s.15, s.15(1)(a), s.37, s.37(1),
Summary: The Senior Investigator varied the CRU's decision. She found that the CRU was justified in refusing access to certain information under sections 15(1)(d), 32 and 36 of the FOI Act. She found that the CRU was not justified in refusing access to the remaining information and directed its release.
Date: 21-12-2018
Case Number: 180028
Public Body: Commission for Regulation of Utilities
Section of the Act.: s.15, s.15(1)(d), s.32, s.35, s.36
Summary: The Senior Investigator varied the decision of the HSE. The Senior Investigator found that section 36 (commercially sensitive information) applied to the records concerned, but that the public interest favoured the release of some of the information. She directed the release of some of the information in the records at issue. She also found that section 35 did not apply to the records concerned.
Date: 21-12-2018
Case Number: 180162
Public Body: Health Service Executive
Section of the Act.: s.35, s.35(1), s.36, s.36(1)(b),
Summary: The Senior Investigator varied the decision of the HSE. The Senior Investigator found that section 36 (commercially sensitive information) applied to the records concerned, but that the public interest favoured the release of some of the information. She directed the release of some of the information in the records at issue. She also found that section 35 did not apply to the records concerned.
Date: 21-12-2018
Case Number: 180163
Public Body: Health Service Executive
Section of the Act.: s.35, s.35(1), s.36, s.36(1)(b),