Summary: The Senior Investigator found that the majority of the records requested fell within Schedule 1, Part 1(x)(iii) of the FOI Act so that the Act does not apply to them. She found that NAMA's decision to refuse access to the remaining records at issue was justified under section 41(1)(a) of the FOI Act. She affirmed NAMA's decision accordingly
Date: 08-12-2016
Case Number: 160078
Public Body: National Asset Management Agency
Section of the Act.: s.41, s.41(1),
Summary: The Senior Investigator varied RTÉ's decision. He directed the release of the redacted names of RTÉ staff members, and a small amount of other non-personal information
Date: 08-12-2016
Case Number: 160264
Public Body: RTÉ
Section of the Act.: s.31, s.31(1)(a), s.37, s.37(1),
Summary: The Senior Investigator affirmed the decision of TUSLA.
Date: 08-12-2016
Case Number: 160274
Public Body: TUSLA the Child and Family Agency
Section of the Act.: s.31, s.37
Summary: The Information Commissioner varied the Medical Council's decision. He affirmed the application of section 31(1)(a) to some information withheld on the basis of legal professional privilege and directed the release of certain parts found not to qualify for the exemption. He annulled the withholding of one record under section 29 and directed its release subject to the redaction of a name, which he found to be personal information. He affirmed the refusal of access to most of the remaining records under section 35(1)(b) on the basis that a duty of confidence applied. He found section 36(1)(b) to apply to those records he had not found to be exempt under section 35(1)(b) but directed their release in the public interest
Date: 07-12-2016
Case Number: 150161
Public Body: Medical Council
Section of the Act.: s.35, s.35(1)(b), s.36, s.36(1)(b),
Summary: The Senior Investigator affirmed the HSE's decision.
Date: 01-12-2016
Case Number: 160424
Public Body: HSE
Section of the Act.: s.37
Summary: The Senior Investigator affirmed the decision of the Hospital.
Date: 01-12-2016
Case Number: 160306
Public Body: Mater Misericordiae Hospital Limited
Section of the Act.: s.15, s.15(1)(c),
Summary: The Senior Investigator affirmed the decision of the Department.
Date: 30-11-2016
Case Number: 160391
Public Body: Department of Justice and Equality
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator affirmed the Department's decision. She found that section 36(1)(b) of the FOI Act applied to exempt the information at issue.
Date: 30-11-2016
Case Number: 160273
Public Body: Department of the Environment, Community and Local Government
Section of the Act.: s.36, s.36(1)(b),
Summary: The Senior Investigator annulled those parts of the HSE's decision on which the applicant applied to the Commissioner for a review, and remitted them for fresh consideration. The applicant had asked various questions, rather than seeking records. However, the HSE replied to those questions, rather than treating them as a request for records that would answer the questions asked. As the HSE had not, therefore, identified any relevant records that existed and decided whether they were releasable in accordance with the FOI Act, there was no decision under the FOI Act that was capable of review in this case.
Date: 30-11-2016
Case Number: 160370
Public Body: The Health Service Executive
Section of the Act.: s.7, s.12
Summary: The Senior Investigator affirmed the University's refusal of the record under section 30(1)(b) of the FOI Act on the ground that release of the record at this time would have a serious adverse effect on the performance by the University of its functions relating to management.
Date: 30-11-2016
Case Number: 160137
Public Body: PUBLIC BODY University of Limerick
Section of the Act.: s.30