Summary: The Senior Investigator affirmed the Department's decision. She found that the Department was justified in refusing access to certain records under section 31(1)(a) of the Act on the basis that the records would be exempt from production in proceedings in a court on grounds of legal professional privilege. She found that the Department was justified in refusing access to the remaining records under section 37(1) of the Act on the basis that release of the records would involve the disclosure of personal information of a third party and the public interest that the request should be granted does not outweigh the public interest that the right to privacy of the third party should be upheld.
Date: 13-06-2018
Case Number: 180104
Public Body: Department of Agriculture, Food and the Marine
Section of the Act.: s.31, s.31(1)(a), s.37, s.37(1),
Summary: The Senior Investigator affirmed the HSE's decision to refuse access to the records sought under section 15(1)(a) on the ground that they do not exist.
Date: 13-06-2018
Case Number: 180114
Public Body: Health Service Executive
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator affirmed the decision of the HSE to refuse access to records sought under section 15(1)(a) of the FOI Act, on the ground that no further records exist or can be found, and to refuse access to certain information contained in medical records relating to the applicant under section 37(1) of the FOI Act, on the ground that the withheld information is personal information relating to third parties.
Date: 12-06-2018
Case Number: 180075
Public Body: Health Service Executive
Section of the Act.: s.15, s.15(1)(a), s.37, s.37(1),
Summary: The Senior Investigator affirmed the decision of TUSLA.
Date: 12-06-2018
Case Number: 180079
Public Body: TUSLA
Section of the Act.: s.37, s.37(1),
Summary: The Senior Investigator affirmed the Council's decision on the basis of section 37(1) of the FOI Act.
Date: 11-06-2018
Case Number: 180105
Public Body: Wicklow County Council
Section of the Act.: s.37, s.37(1), s.37(7),
Summary: The Senior Investigator varied the Department's decision. She affirmed its refusal under section 37 of access to records containing the personal information of individuals other than the applicant and/or personal information of third parties inextricably linked to information about the applicant's herd number. She found that the public interest in granting access to such records was outweighed by the public interest in upholding the right of privacy. She affirmed the Department's decision to refuse access to some records under section 31(1)(a) (legal professional privilege). She affirmed its refusal to grant access to parts of certain records on the basis that they no longer existed (section 15(1)(a)). She annulled the Department's decision to refuse access to certain other records and directed it to make a fresh decision on those in accordance with the FOI Act, subject to the applicant confirming to the Department that he wished it to do so.
Date: 11-06-2018
Case Number: 170477
Public Body: Department of Agriculture, Food and the Marine
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 affirmed the decision of the Defence Forces. He found that the Defence Forces was not required to provide a more detailed statement as to do so would require the inclusion of information that would be exempt from release under section 33(3) of the Act.
Date: 08-06-2018
Case Number: 180083
Public Body: Defence Forces
Section of the Act.: s.33, s.33(3)(a),
Summary: The Senior Investigator affirmed the decision of the Defence Forces on the ground that they had provided the applicant with an adequate statement of the reasons as to why he was unsuccessful in his application for enlistment.
Date: 07-06-2018
Case Number: 180055
Public Body: Defence Forces
Section of the Act.: s.33, s.33(3)(a),
Summary: The Senior Investigator affirmed Revenue's decision on the basis that the records at issue were exempt under sections 31(1)(a), 32(1)(a)(i), 33(3)(c)(i), and 37(1) of the FOI Act.
Date: 31-05-2018
Case Number: 170506
Public Body: Office of the Revenue Commissioners
Section of the Act.: s.31, s.31(1)(a), s.32,
Summary: The Senior Investigator varied RTÉ?s decision. She found that section 15(1)(a) of the FOI Act applies to the applicant?s request insofar as it relates to additional records. She found that RTÉ was justified in refusing access to some of the records for which it claimed legal professional privilege under section 31(1)(a); she annulled RTÉ?s refusal of access to certain other records under section 31(1)(a) and directed it to release those records. She found that RTÉ was justified in refusing access to parts of certain records under section 37(1) on the basis that release of those parts would involve the disclosure of personal information of third parties and the public interest that the request should be granted does not outweigh the public interest that the right of privacy of those third parties should be upheld.
Date: 30-05-2018
Case Number: 170562
Public Body: Radio Teilifís Éireann
Section of the Act.: s.15, s.31, s.37