Summary: The Senior Investigator affirmed the Department's decision to refuse access to the records at issue under section 35(1)(b) of the Act. She found that release of the records would result in breach of a duty of confidence owed to the companies referred to in the records.
Date: 23-08-2016
Case Number: 150419
Public Body: Department of Finance
Section of the Act.: s.35
Summary: The Senior Investigator affirmed the decision of the Department to refuse access to the withheld records with the exception of record 8 on the basis of section 31(1)(a) of the FOI Act (legal professional privilege) and section 36(1)(b) of the FOI Act (commercially sensitive information) and section 42(f) (FOI Act does not apply). She also found that the Department had justified its position under section 15(1)(a) of the FOI Act that additional records identified by the applicant either do not exist or cannot be found after all reasonable steps to ascertain their whereabouts have been taken. She directed the release of record 8
Date: 22-08-2016
Case Number: 160198
Public Body: Department of Housing, Planning, Community and Local Government
Section of the Act.: s.15, s.15(1)(a), s.31, s.31(1), s.36, s.36(1)(b),
Summary: The Senior Investigator varied the decision of the HSE. She annulled the decision as it related to part of the original request and directed it to undertake a fresh decision-making process on that part of the request. She refused access to certain records on the basis of section 37(1) and section 37(7) of the FOI Act. She found that to grant access to the withheld parts of records would involve the disclosure of personal information of individuals other than the applicant and that the public interest that the request should be granted does not outweigh the public interest that the right of privacy of those individuals should be upheld.
Date: 22-08-2016
Case Number: 160070
Public Body: Health Service Executive
Section of the Act.: s.15, s.37
Summary: The Senior Investigator affirmed the decision of the Service.
Date: 19-08-2016
Case Number: 160212
Public Body: Houses of the Oireachtas Service
Section of the Act.: s.31, s.37
Summary: The Senior Investigator annulled the HSE's decision and remitted the request for fresh consideration.
Date: 18-08-2016
Case Number: 160203
Public Body: The Health Service Executive
Section of the Act.: s.15
Summary: The Senior Investigator affirmed the decision of the HSE to refuse access to the records under sections 37(3) and 37(4) of the Act.
Date: 18-08-2016
Case Number: 160214
Public Body: HSE Dublin North East
Section of the Act.: s.37
Summary: The Senior Investigator varied the HSE's decision. He directed it to make further amendments to the record at issue.
Date: 18-08-2016
Case Number: 160023
Public Body: HSE South
Section of the Act.: s.9
Summary: The Senior Investigator upheld RTÉ's refusal of the records. She found them to be outside the scope of the Act, having regard to the Statutory Instrument that sets out the extent to which RTÉ is subject to FOI
Date: 18-08-2016
Case Number: 160213
Public Body: RTÉ
Section of the Act.:
Summary: The Senior Investigator annulled the decision and directed AGS to release the record to the applicant.
Date: 17-08-2016
Case Number: 160196
Public Body: An Garda Síochána
Section of the Act.: s.32
Summary: The Senior Investigator found that the Council was justified in its decision to refuse access to the records. She affirmed its decision under sections 15(1)(a), 31(1)(a) and 37(1) of the Act.
Date: 17-08-2016
Case Number: 160041
Public Body: Dún Laoghaire/Rathdown County Council
Section of the Act.: s.15, s.31, s.37