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The Commissioner found that the decision to refuse access to the record concerned was justified under section 26(1)(b) of the FOI Act and affirmed the decision accordingly.
The Senior Investigator affirmed the Department's decision as described.
The Senior Investigator found that the section 18 requirements of the FOI Act were met by the HSE in this case.
The Senior Investigator affirmed the decision of the Department and found that Sections 19(1)(a), 22(1)(a), 23(1)(a)(i), 24(1)(a), and 46(1)(b) apply to the records and no records should be released.
The Commissioner found that granting the applicant's requests was not warranted in the public interest under section 28(5)(a) by virtue of any overriding public interest in the matter. He affirmed the decisions of the HSE and the Hospital accordingly.
The Senior Investigator found that the Department was justified in its decision to charge the applicant a fee for the cost of 7 hours search and retrieval work in this case.
The Senior Investigator affirmed the decision of the HSE.
The Senior Investigator affirmed the Department's decision.
The Commissioner varied the decision of the Department and directed that the record at issue be released, apart from the name of a GNIB civilian staff member to which he found Section 23(1)(a)(iii) applies.
The Senior Investigator found that Revenue was justified in its decision to refuse access to the requested records on the basis of section 23(1)(a)(i) of the FOI Act.
The Commissioner affirmed the Department's decision.
The Commissioner found that the decision to refuse access to the records concerned was justified under sections 24 and 26 of the FOI Act. He affirmed the Department's decision accordingly.
The Senior Investigator annulled the Council's refusal of the relevant records and directed that they be released.
The Senior Investigator varied the Department's decision. He upheld its refusal of certain records under sections 22(1)(a), 22(1)(b), 46(1)(b) and 46(1)(c)(iii) of the FOI Act. Having rejected the Department's application of sections 24(1)(a), 24(2)(b) to (d), 21(1)(a) and (c), and 23(1)(a)(iv) of the FOI Act, he directed the release of the remaining records.
The Senior Investigator found that the HSE was justified in its decision that the records sought do not exist or cannot be found and that section 10(1)(a) of the FOI Act applies.
The Senior Investigator affirmed the HSE's decision to refuse access to the file sought under sections 28(1) and 28(5B) of the FOI Act.
The Senior Investigator varied the decision of the Department and found that Sections 10(1)(a), 19(1), 22(1)(a), 23(1)(a)(i), 23(1)(a)(iii), 24(1)(a), 24(2)(a)(i) and 24(2)(a)(ii)(II), 46(1)(b) and 46(2) applied to the records or parts of records within the scope of the review and that these records should not be released.
The Commissioner annulled the decision of the Department and directed the release of the records concerned subject to certain specified redactions.
The Senior Investigator affirmed the HSE's refusal of the remaining details at issue under sections 22(1)(a), 28(1) and 28(5B) of the FOI Act. In considering section 28, he also found no right of access to arise in this case further to the provisions of Statutory Instrument No 387 of 2009 (as provided for by section 28(6) of the FOI Act).
The Senior Investigator found that the Department was not justified in its decision to refuse access to the record sought in accordance with the provisions of the FOI Act. He annulled the decision of the Department and directed that the record be released with minor redactions.
The Senior Investigator affirmed the HSE's refusal of the details at issue under sections 28(1) and 28(5B) of the FOI Act.
The Senior Investigator varied the Revenue's decision. He affirmed the refusal of certain records that did not relate to the request and that contained third party information, as well as the Revenue's effective application of section 10(1)(a) to certain other records that were contended by the applicant to exist. He directed that the remaining details be released.
The Senior Investigator annulled the decision of the NRA, and directed the NRA should decide the request again.
The Senior Investigator affirmed the decision of the HSE to refuse access to the withheld information under section 23(1)(b) of the FOI Act.
The Senior Investigator found that the applicant was not entitled to a statement of reasons as it did not have a material interest in the matter.
The Senior Investigator found that the decision to refuse access to the records concerned was justified under sections 10(1)(a), 22(1)(a), and 28(1) of the FOI Act and affirmed the decision accordingly.
The Senior Investigator found that the Department was not justified in its decision to refuse access to the records sought on the basis that section 21(1)(a) of the FOI Act applies.
The Senior Investigator found that the Department was justified in its decision to refuse access to the records sought. He affirmed the decision of the Department.
The Senior Investigator found that the Department was justified in its decision to refuse access to the records sought in accordance with section 28 of the FOI Act. He affirmed the decision of the Department.
The Senior Investigator decided each of the parts of the request that were under review separately. He varied the Department's decision in relation to Part 1; he annulled the decision on Part 3; and affirmed in part the decision on Parts 6 to 9 (in so far as it concerned the application of section 6(9) of the FOI Act) while annulling it so far as it had not considered the potential application of section 2(5)(a) of the Act.
The Senior Investigator annulled the Department's decision.
The Senior Investigator found that the Department 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 Department.
Ms X. and a Public Body - 24th Sep 2013
The Senior Investigator annulled the Body's refusal of the request.
The Senior Investigator varied the decision of the Department and directed that the records be released subject to the redaction of certain personal information relating to third parties.
The Commissioner discontinued seven separate review applications (120134, 130035, 130083, 130110, 130143, 130147 and 130151) pursuant to the provisions of section 34(9)(a)(i) of the FOI Act.
The Senior Investigator found that the Department was justified in its decision to refuse access to the records on the basis of section 24(2)(a)(ii)(II) of the FOI Act. He affirmed the decision of the Department.
The Senior Investigator varied the decision of the Department and directed that certain additional portions of records should be released.
The Senior Investigator directed that further parts of some records should be released. He found that the remaining records (including part of a record) were exempt pursuant to section 28(1). He also found that the HSE was justified in refusing access to any further relevant records on the basis that section 10(1)(a) of the Act applies. He varied the decision of the HSE accordingly.
The Senior Investigator annulled the decision of the Department, and directed the Department to issue a statement of reasons to the applicant.
The Senior Investigator found that the decision to refuse access to the records concerned was justified under section 28 of the FOI Act. He affirmed the decision of the HSE in relation to those records remaining at issue following the conduct of this review.
The Senior Investigator annulled the decision of the Department. He did not make any further decision.
The Senior Investigator found that the decision to refuse access to the mobile telephone number was justified under section 28(1) of the FOI Act and affirmed the decision accordingly.
The Senior Investigator found that the Council was justified in its decision to refuse access to the records sought in accordance with sections 22(1)(a), 22(1)(c)(i), 28 and 10(1)(a) of the FOI Act. He affirmed the decision of the Council.
The Senior Investigator found that the decision to refuse access to the records concerned was justified under section 28 of the FOI Act and affirmed the decision accordingly.
The Senior Investigator found that the HSE was not justified in its decision to refuse access to the record sought. He annulled the decision of the HSE and directed that the record be released.
The Senior Investigator found that the decision to charge a search and retrieval fee of €838 under section 47(1) of the FOI Act was justified.
Mr X. and FÁS - 6th Aug 2013
The Senior Investigator annulled the decision of FÁS. He directed instead that access be granted to all of the records with the exception of certain specified details.
The Senior Investigator affirmed the CMO's refusal of the records at issue under section 28(5B) of the FOI Act.
The Senior Investigator decided each of the parts of the six-part request separately. He affirmed the Department's decision in relation to Part 1; he affirmed in part the decision on Part 2 while annulling the decision in relation to certain records within that Part; he annulled the decision in relation to Part 3; he varied the decision in relation to Part 4; and affirmed the decision in relation to Parts 5 and 6.
The Senior Investigator found that Section 28(1) applies to the information sought in Item 7 of the request and that access to this information should be refused. He further found that Section 28(1) applies to the personal information of family members of the applicant, but that this provision is disapplied by Sections 28(2)(b) and 28(6) and, accordingly, that this information should be released. He found also that neither Sections 23(1)(aa) nor 26(1)(a) applied, as claimed by the HSE. He varied the decision of the HSE accordingly.
Mr. X and Mayo County Council - 24th Jul 2013
The Senior Investigator found that the Council was not justified in its decision to refuse access to the records sought in accordance with the provisions of the FOI Act relied upon by the Council. He annulled the decision and directed that the Council should decide the request again by reference to the relevant records and in accordance with the provisions of the FOI Act.
The Senior Investigator found that the Department was justified in its decision that the records sought do not exist or cannot be found and that section 10(1)(a) of the FOI Act applies.
Mr. X and Cork County Council - 27th Jun 2013
The Senior Investigator found that the Council was not justified in its decision to refuse access to the records sought in accordance with the provisions of section 22(1)(a) of the FOI Act. He annulled the decision of the Council and directed that the records be released.
The Senior Investigator annulled the decision of the Department and directed that the Department should decide the request again by reference to the relevant records and in accordance with the provisions of the FOI Act.
The Senior Investigator annulled the Department's decision and directed the Department to deal with the applicant's request as first made by him on 16 May 2012
The Senior Investigator annulled the Department's decision to refuse access to the records at issue and directed that they be released.
Ms X and Youghal Town Council - 29th Apr 2013
The Senior Investigator varied the Council's decision and directed the release of part of the record.
The Senior Investigator found that the BoCSR was justified in its decision to refuse access to the records sought in accordance with section 21(1)(a) of the FOI Act. He affirmed the decision of the BoCSR.
Mr X and Bray Town Council - 29th Apr 2013
The Senior Investigator affirmed the Council's refusal of the records at issue on the basis that certain records of relevance to the request as held by the Council contained commercially sensitive information that was not required to be released in the public interest, and on the basis that any further records of relevance to the request as held by the company were not under the Council's control such that they could be deemed to be held by the Council further to section 2(5)(a) of the FOI Act.
The Senior Investigator found that the HSE was justified in its decision to refuse access to the records on the basis of section 28(1). He affirmed the decision of the HSE.
The Senior Investigator found that the Department 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 Department.
The Senior Investigator affirmed the Council's refusal of the records at issue
The Senior Investigator varied the decision of the Department. He found that the exemptions claimed did not apply to the records of correspondence between Gallagher Shatter Solicitors and the Department in relation to the IPOA and that they should be released. He further found certain information contained in two records not to be exempt by virtue of section 20(2)(b). He varied the decision of the Department accordingly.
The Senior Investigator found that the decision to refuse access to the record concerned was justified under section 26(1)(b) of the FOI Act and affirmed the decision accordingly.
The Senior Investigator found that the Council was justified in its decision to withhold the record requested on the ground that section 23(1)(b) of the FOI Act applies.
The Senior Investigator annulled the decision of the Department and directed the release of the records concerned.
The Senior Investigator annulled the decision of the Department and directed the release of the records concerned.
The Senior Investigator affirmed the HSE's refusal of the remaining records under section 28(1) of the FOI Act.
The Senior Investigator found that the Hospital was justified in its refusal of records on the ground that such records do not exist or cannot be found and that section 10(1)(a) of the FOI Act applies.
The Commissioner found that the HSE was not justified in its decision to refuse access to all of the records. She found that those parts of the records which did not disclose the personal information of persons other than the deceased fell to be released in accordance with Article 4(1)(b)(i) of the FOI Act, 1997 (Section 28(6)) Regulations, 2009. She found that those parts of the records which disclosed the personal information of persons other than the deceased were exempt under section 28(1). Accordingly, she varied the decision of the HSE and directed that parts of the records be released.
The Senior Investigator found that the Department was justified in its decision to refuse access to the records sought in accordance with the provisions of sections 6(4) and 20 of the FOI Act. He affirmed the decision of the Department.
Mr X and The Pensions Board - 25th Feb 2013
he Senior Investigator affirmed the Board's refusal of the records at issue under section 10(1)(c) of the FOI Act.
The Senior Investigator affirmed the Department's refusal of the records at issue under section 24(2)(e) of the FOI Act.
The Senior Investigator affirmed the Department's refusal of the records at issue under sections 19(1)(a), (b), and (c) of the FOI Act.
The Senior Investigator affirmed the HSE's refusal of the remaining details at issue under sections 28(1) and 28(5B) of the FOI Act.
The Senior Investigator affirmed the decision of the Department to refuse access to the records containing security footage of the applicant's booked visits to Mountjoy Prison on certain specified dates, pursuant to the provisions of Section 28(5B) and 23(1)(a)(iii) of the FOI Act.
The Senior Investigator varied the decision of the Department and directed the release of records 2, 3, and 4 in full.
Mr X and Mayo County Council - 28th Dec 2012
The Senior Investigator found that the Council was justified in its decision to refuse access to certain records on the basis of sections 10(1)(a), 22(1)(a) and 28(1) of the FOI Acts.
The Senior Investigator affirmed the Council's decision
The Senior Investigator found that the decision to refuse access to the record concerned was justified under section 23(1)(b) of the FOI Act and affirmed the decision accordingly.
The Senior Investigator found that the decision to refuse access was justified on the basis of either sections 22(1)(a) or section 28 in respect of all but part of one record and she affirmed that element of the Department's decision accordingly. In the case of one record, she found that the Department had not justified its decision to refuse access in respect of part of that record and she directed the release of that part.
Ms X and Offaly County Council - 17th Dec 2012
The Senior Investigator found that the decision to refuse to grant the applicant's request was justified under section 10(1)(b) of the FOI Act and affirmed the decision accordingly.
The Senior Investigator affirmed the Department's decision.
The Senior Investigator affirmed the CRS's decision.
The Commissioner varied the decision of the Department by affirming it in part and annulling it in part. She found that the database was exempt in large part under sections 23(1)(c) and 27(1)(b) of the FOI Act. However, she directed the release of the aggregate or composite maps in the database and also of the individual maps of the third party service providers who consented to the release of their information that is contained in the database.
The Senior Investigator found that the decision to refuse access to the record concerned was justified under section 21(1)(a) of the FOI Act in the particular circumstances of this case and affirmed the decision accordingly.
The Information Commissioner affirmed the Department's decision.
The Senior Investigator annulled the IDA's refusal of the details at issue and directed that they be released.
The Senior Investigator affirmed the Department's decision.
The Senior Investigator found that the HSE was justified in its decision to refuse access to the record sought in accordance with the provisions of section 10(1)(a) of the FOI Act. He affirmed the decision of the HSE.
Mrs Z and The Legal Aid Board - 22nd Nov 2012
The Senior Investigator found that the decision to refuse access to the records concerned was justified under sections 22(1)(a) and 28 of the FOI Act and affirmed the decision accordingly.
The Senior Investigator affirmed the Council's refusal of the requests under section 10(1)(e) of the FOI Act.
The Senior Investigator affirmed the Council's refusal of the requests under section 10(1)(e) of the FOI Act.
The Senior Investigator found that no basis for amendment of the record of allegations had been demonstrated by the applicant and affirmed the decision of the HSE accordingly.
The Senior Investigator found that the statement of reasons provided by the Department complied with the provisions of section 18 of the FOI Act. He affirmed the Department's decision.
The Senior Investigator annulled the Department's decision and directed that the two records be released in full.
The Senior Investigator affirmed the Department's decision.
The Senior Investigator found that the HSE was justified in its decision to refuse access to additional records on the basis of section 10(1)(a) of the FOI Act.
The Senior Investigator found that the HSE was justified in its decision to refuse access to additional records on the basis of section 10(1)(a) of the FOI Act.
The Senior Investigator found that the decision to refuse access to the record concerned was justified under section 22(1)(b) of the FOI Act and affirmed the decision accordingly. The Commissioner's decision in this case was appealed to the High Court on a point of law (section 42 of the FOI Act refers)
The Senior Investigator found that the Council had satisfied its obligations on the provision of a statement of reasons under section 18 of the FOI Act. He affirmed the Council's decision.
The Senior Investigator found that the Council had satisfied its obligations on the provision of a statement of reasons under section 18 of the FOI Act. He affirmed the Council's decision.
The Senior Investigator affirmed the Department's decision.
The Senior Investigator affirmed the Department's decision
The Senior Investigator varied the Department's decision. He found that (1) the identified records should be released in full and (2) the Department was justified in its decision to refuse access to additional records under section 10(1)(a) of the FOI Act on the basis that no such records exist.
The Senior Investigator varied the Department's decision. He found that (1) the identified records should be released in full and (2) the Department was justified in its decision to refuse access to additional records under section 10(1)(a) of the FOI Act on the basis that no such records exist.
The Senior Investigator found that the HSE is justified in its decision to refuse access to the records on the basis of section 28(1). He affirmed the decision of the HSE.
The Senior Investigator found that the HSE is justified in its decision to refuse access to the records on the basis of section 28(1). He affirmed the decision of the HSE.
The Commissioner affirmed the Department's decision
Mr. K & Kerry County Council - 25th Jun 2012
Case 110150. The Senior Investigator found that the Council was justified in its refusal of a statement of reasons on the grounds that the applicant had not demonstrated a material interest under section 18 of the FOI Act.
Case 110203. The Senior Investigator found that the Council is 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 Council.
Case 120016. The Senior Investigator found that the decision of the HSE was justified in this case.
Case 110158. The Senior Investigator affirmed the decision of the HSE.
Case 110166. The Senior Investigator annulled the Department's decision and directed that the information sought should be released.
Case 090138. The Senior Investigator varied the decision of the Department by affirming it in part and annulling it in part. He accepted that the Department's decision to refuse access to most of the records remaining at issue was justified under section 19(1), 22(1)(a), or 10(1)(a) of the FOI Act. However, he directed the release of a set of attachments to one record on the basis that the Department's claim for exemption in that particular instance was not justified.
X and University College Cork - 21st Mar 2012
Case 100112. The Senior Investigator annulled the Body's decision and found that the records should be released with the exception of certain specified references that constitute the personal information or joint personal information of third parties.
"X" and Kerry County Council - 21st Mar 2012
Case 110081. The Senior Investigator found that the section 29 procedures were not applied correctly in this case and annulled the decision of Kerry County Council, in so far as it relates to proposed release of records in accordance with section 29 of the FOI Act.
Case 110128. The Senior Investigator found that the decision of the HSE was justified in this case.
Case 090294. The Senior Investigator affirmed the decision of the Department that the records were exempt under section 22(1A) of the FOI Act.
Case 090300. The Senior Investigator affirmed the decision of the Department that the records were exempt under section 22(1A) of the FOI Act.
Case 100298 . The Senior Investigator found that Revenue was justified in its decision to refuse access to the records sought under section 10(1)(e) of the FOI Act. He affirmed the decision of Revenue in this case.
Case 100229. The Senior Investigator found that the HSE is justified in its decision to refuse access to the withheld records on the basis that they are exempt from release under section 23(1)(b) of the FOI Act.
Case 110162. The Senior Investigator found that the section 29 requirements were not applied correctly in this case and annulled the decision of Fáilte Ireland.
Case 100163 . The Senior Investigator found that the HSE is justified in its decision to refuse access to additional records on the basis of section 10(1)(a) of the FOI Act.
Case 100168. For the purposes of the review decision, only a portion of one record remained at issue. The Senior Investigator varied the decision of the HSE in relation to this record. He directed that access be granted to some of the redacted record and that access be refused to the remaining portion of that record which he found to be exempt from release under Section 28.
Mr X and Cork City Council - 29th Aug 2011
Case 100127. The Senior Investigator affirms the Council's decision having found that the correspondence is exempt under section 22(1)(a) of the FOI Act.
Case 100213. The Senior Investigator found that the Department is not justified in its decision to refuse access to the records; he annulled the decision of the Department and directed the release of the records.
Case 100263. The Senior Investigator varied the decision of the Department and directed the release of the names (but not the home addresses) of those judges on whose behalf representations had been made prior to their appointment. The Senior Investigator found that, while the disclosure of the identities of the judges in question involved the release of personal information and would be exempt under section 28 of the FOI Act, the public interest served by the disclosure of this information outweighs the public interest in upholding the right to privacy of the judges concerned; on this basis he found that the section 28 exemption does not apply.
Case 090315. The Senior Investigator found that the Department was justified in its decision to refuse the access requested. He affirmed the decision of the Department in the case.
Case 090106. The Senior Investigator found that the Council is justified in its decision to refuse access to additional records on the basis of section 10(1)(a) of the FOI Acts. He further found that the Council is not justified in refusing access to certain landscape drawings on the basis of section 20 of the FOI Act as the public interest is better served by releasing these records than by withholding them. Access to these landscape drawings is to be by way of inspection in accordance with section 12(2)(b)(ii) of the FOI Act.
Case 090041. The Commissioner's authorised official affirmed the OPW's position that it has taken all reasonable steps to look for further such records, and found section 10(1)(a) of the FOI Act to apply accordingly.
Case 100120. The Senior Investigator found that the decision to refuse access to any further relevant records is justified under sections 10(1)(a) and 28(1) of the FOI Act and affirmed the decision accordingly.
Case 090296. The Senior Investigator varied the decision of the Council to grant the request and found that some records and parts of records should be withheld from release.
Case 080283. The Senior Investigator found that the deemed decision to refuse to grant the applicant's request is justified under sections 10(1)(b) and (c) of the FOI Act and affirmed the decision accordingly.
X and Dublin City Council - 31st Mar 2011
Case 100224. The Senior Investigator annulled the Council's decision and found that the record should be released.
Case 100180. The Senior Investigator found that the HSE is justified in its decision that (1) the withheld parts of the records are exempt from release in that section 28(1) of the FOI Act applies and the public interest in granting the request is not outweighed by the public interest that the right to privacy of individuals be upheld under section 28(5) of the FOI Act; and (2) Further records are exempt from release under section 10(1)(a) of the FOI Act on the basis that such records do not exist or cannot be found after reasonable steps to ascertain their whereabouts have been taken. (3) He varied the decision of the HSE in relation to the withheld parts of records 3,9,10 and 11. The withheld parts of these records are exempt from release under Section 28(5B) rather than the exemption under Section 26 (1)(a) as claimed by the HSE.
Case 100264 . The Senior Investigator affirmed the Department's decision and found that it had satisfied the obligations of the public body on the provision of a statement of reasons under section 18 of the FOI Act.
Case 100201. The Commissioner found that the Council's decision to refuse access to the record concerned is justified under section 23(1)(b) of the FOI Act and affirmed the decision accordingly.
Case 100221. The Senior Investigator found that the applicant was not entitled to a statement of reasons under section 18 of the FOI Act.
Mr X. and A Public Body - 25th Jan 2011
Case 100205 . The Commissioner's authorised official affirmed [the Public Body]'s refusal to make the requested amendments the subject of the review.
Mr X. and A Public Body - 25th Jan 2011
Case 100204. The Commissioner's authorised official affirmed [the Public Body] 's refusal to amend the record.
Case 080184. The Commissioner's authorised official affirmed the Department's refusal of the records. He found that the record requested did not exist as at the date of receipt of the request, because of changes made to the database since the compilation of the map concerned, under which circumstances section 10(1)(a) of the FOI Act applied. He also found that the FOI Act did not require the Department to re-create the database as it stood on the date that the map was compiled, and that even if it did, section 10(1)(c) of the FOI Act would apply.
Case 080246. The Commissioner varied the decision of the HSE by affirming it in part and annulling it in part. She accepted that a confidential legal opinion, an unredacted version of the Indecon report entitled "Review of Pharmacy Wholesale Margins", and three other records at issue containing information of a confidential and sensitive nature were exempt, primarily under section 23(1)(a)(ii) of the FOI Act. Having regard to section 34(12)(b) of the FOI Act, she found that the claims for exemption made by the HSE in relation to the remaining record at issue, record number 2 of File 2, were not justified in this case and directed its release accordingly.
Case 090194. The Senior Investigator found that the Council is justified in its decision to refuse access to the records on the basis of sections 6 and 10(1)(a) of the FOI Acts. She affirmed the decision of the Council.
Case 100184. The Senior Investigator found that HIQA was justified under section 23(1)(a)(i) and section 23(1)(b) in its decision to refuse the request. She affirmed the decision of HIQA.
Case 10011. The Senior Investigator decided to vary the Department's decision and found that the records should be released in the public interest with the exception of certain specified details.
Case 100123. The Senior Investigator found that the Section 18 requirements of the FOI Act were met by the Department of Justice and Equality in this case.
Case 100115. The Senior Investigator affirmed Revenue's decision and found that it had satisfied the obligations of the public body on the provision of a statement of reasons under section 18 of the FOI Act.
Mr X & Louth County Council - 16th Dec 2010
Case 090258. The Commissioner's authorised official varied the Council's effective decision that all records relevant to the Applicant's request should be withheld. He directed the release of 28 particular invoices along with a further invoice concerning a report. He also directed the release of two items of correspondence that listed the Company's charge-out rates per day per grade of employee, subject to the redaction of those charge-out rates. He directed that the remaining records at issue (28 timesheets that had been attached to the 28 invoices referred to above) be withheld.
Case 090169. The Commissioner did not accept that the records at issue were exempt under any of the provisions cited, with the exception of section 20(1) of the FOI Act. She considered, however, that the public interest warranted the release of the details concerned.
Case 100039. The Senior Investigator found that the HSE is justified in its decision under section 10(1)(a) of the FOI Act to refuse access to additional records on the basis that no further records exist.
Case 100151. The Commissioner found that the HSE is justified in its decision to refuse access to the records on the basis of section 28(1), section 28(6) and the 2009 Regulations. She affirmed the decision of the HSE.
Case 100210. The Senior Investigator found no basis for directing the HSE to delete the records pursuant to section 17 of the FOI Act. She affirmed the decision of the HSE accordingly.
Case 100009. The Senior Investigator accepted the Department's assertion that the record does not exist and affirmed its decision that section 10(1)(a) of the FOI Act applies.
Case Case 090088. Whether the HSE is justified in its decision to refuse a request for access to the medical records of the Applicant's late mother made under section 7 of the FOI Act on the basis that the records do not exist or cannot be found after all reasonable steps to ascertain their whereabouts have been taken.
Case 100122. The Senior Investigator affirmed the Department's decision.
Case 080083. The Commissioner varied the Department's decision and its revised position put forward in the course of the review that the records the subject of the narrowed scope of the review should be released. She found that some records contained the personal information of individuals the subject of the Furlong Report which information is exempt under section 28(1). She found that the public interest in granting the request was not outweighed by the public interest in upholding the right of privacy of the individuals involved except for some details of payments made by the National Library of Ireland to one of the parties concerned. She also directed the release of certain records on the basis that they did not comprise the personal information of the third parties.
Case 090231. The Senior Investigator found that the HSE is justified in its decision under section 10(1)(c) of the FOI Act to refuse access to the records sought on the basis that the retrieval and examination of the number of records concerned would cause a substantial and unreasonable interference with or disruption of the work of the HSE.
Case 080183. The Senior Investigator varied the Department's decision and decided that parts of the record should be released.
Case 100198. The Commissioner found that the HSE's statement of reasons, when taken in conjunction with its letter of 26 February 2009 and the Applicants' meeting with its Social Work Manager, satisfied the requirements of section 18 of the FOI Act. She affirmed the decision of the HSE accordingly.
Case 100175. The Senior Investigator found that the Council is justified in its decision to refuse the request on the basis of section 23(1)(b) of the FOI Act.
Case 020281. Whether records should be withheld on the basis of legal professional privilege - section 22(1)(a) - whether the applicant is entitled to a statement of reasons for the introduction of a nationality clause in the Schemes of Student Support - section 18
Case 100166. The Senior Investigator found that the Hospital is justified in its decision under section 10(1)(a) of the FOI Act to refuse access to the medical records sought on the basis that such records do not exist or cannot be found after all reasonable steps to ascertain their whereabouts have been taken.
Case 100107. The Senior Investigator found that the College is justified in its decision to refuse access to the withheld records on the basis of sections 10(1)(a), and 28(1) of the FOI Act. She affirmed the decision of the College. She further found that the public interest in granting the request did not outweigh the public interest in upholding the right to privacy of other individuals involved.
Case 100174. The Senior Investigator found that the HSE is justified in its decision to refuse access to the withheld records on the basis that they are exempt from release under section 28 of the FOI Act. She also found that the public interest in granting the request did not outweigh the public interest in protecting privacy rights.
Case 100030. The Senior Investigator affirmed the public body's decision.
Case 090185. The Commissioner's authorised official affirmed the refusal of the witness statements, but found them to be exempt under section 23(1)(a)(i) of the FOI Act (having been satisfied that their release could reasonably be expected to prejudice or impair the prevention, detection or investigation of offences, and/or the apprehension or prosecution of offenders). She also upheld the refusal of the remaining records on the grounds that they were exempt under section 28(1) or were outside the scope of the request in the first place.
Case 100061. The Senior Investigator affirmed the Institute's decision and found that it had satisfied the obligations of the public body on the provision of a statement of reasons under section 18 of the FOI Act.
Case 090163. The Commissioner affirmed the Revenue's refusal of the records under section 26(1)(b) of the FOI Act.
Case 080304. The Commissioner varied the decision of the HSE and found that part of the HSE's decision was justified under section 28 of the FOI Act. She directed the release of record 185-186 with the exception of specified parts which related to the personal information of individuals other than the Applicant and his minor children.
Case 080284. The Senior Investigator found that the Council is not justified in its decision to refuse access to the bulk of the records under section 27(1)(b) of the FOI Act. She varied the decision of the Council by affirming the decision to withhold those parts of the Report on Tenders which identified the unsuccessful tenderers and parts of an appendix to the Report comprising the successful tenderer's financial, banking and insurance positions. She annulled the decision of the Council in relation to the remaining records and directed their release.
Case 080287. The Senior Investigator found that the HSE is not justified in its refusal of access to certain records under various sections of the FOI Act. She varied the decision of the HSE and directed the HSE to release most of the records at issue. She affirmed the HSE's decision in respect of some records which she found it was entitled to withhold under section 22(1)(a) of the FOI Act.
Case 080143. The Senior Investigator found that the HSE is not justified in its refusal of access to certain records but is justified in its refusal of one record. She varied the decision of the HSE by directing the release of letters of complaint concerning the Applicant and her family with the exception of personal information of third parties. She affirmed the decision of the HSE to refuse access to a letter sent to Professor Brendan Drumm by a consultant in March 2007 on the basis that it was exempt under section 21 of the FOI Act. She also found that parts of the record would qualify for exemption under section 28 of the Act.
Case 100062. The Senior Investigator annulled the Department's decision and found that the records should be released.
Case 090127. The Senior Investigator varied the Department's decision and found that specified records and parts of records should be released.
Case 060054. The Commissioner accepted that the details at issue, while historic, could enable the calculation of current estimates relating to the various Transport 21 projects and thus would effectively disclose positions relevant to related negotiations. She considered section 21 to apply, accordingly, and that the public interest was best served by withholding the details.
Case 080105. The Senior Investigator varied the public body's decision and decided that some further parts of the record should be released.
Case 090081. The Commissioner affirmed the Revenue's revised position and directed that the details at issue should be withheld from release.
Case 090149. The Commissioner found that the applicants failed to meet the burden of proof under section 34(12)(a) of the FOI Act necessary to show that the decision of the Department to grant the request was not justified. The Commissioner affirmed the Department's decision accordingly.
Case 080260. The Commissioner varied the decision of the MBRS by affirming it in part and annulling it in part. She found that the source code of the Lion Intoxilyzer 6000 IRL is a trade secret and is exempt under section 27(1)(a) of the Act and that a duty of confidence is also owed to the manufacturer, Lion Laboratories Ltd under section 26(1)(b) in respect of the source code. Having regard to section 34(12)(b) of the FOI Act, she found that the claims for exemption made by the MBRS with respect to the remaining records at issue were not justified. She accepted that the Lion Laboratories Handbook is under copyright, but found no basis for refusing access by way of inspection under section 12(1)(d) of the FOI Act. She directed that access to the other relevant records be granted by providing the applicant with a copy of the records concerned.
Case 090073 . The Commissioner found that the claims for exemption made by the MBRS under section 23 of the FOI Act were not justified in this case having regard to section 34(12)(b) of the Act. Accordingly, she annulled the decision of the MBRS and directed the release of the records concerned.
Case 100114. The Senior Investigator found that the Hospital is justified in its decision under section 10(1)(a) of the FOI Act to refuse access to the additional records sought on the basis that the records do not exist or cannot be found after all reasonable steps to ascertain their whereabouts have been taken.
Mr X and Kerry County Council - 12th Jul 2010
Case 090267. The Senior Investigator annulled the Council's decision and found that the relevant records should be released.
Case 080270. The Senior Investigator varied the decision of the HSE having found that: (a) the personal information at one location in the record is misleading and should be amended by alteration, and (b) the personal information at five locations in the record is incorrect and misleading and should be amended by deletion. She upheld the HSE's decision relation to the remaining parts of the request for amendment.
Case 090318. The Senior Investigator found that no basis for further amendment of the medical records had been demonstrated by the Applicant. She affirmed the decision of the HSE accordingly.
Case 090243. The Senior Investigator found that the hospital is justified in its refusal to release additional records on the basis that such records either do not exist or cannot be found and that section 10(1)(a) of the FOI Act applies.
Case 100046. The Commissioner found that whilst the HSE had relied on other sections of the FOI Act in refusing the request, the records fell to be refused by reference to the mandatory exemption under section 22(1)(b) of the FOI Act on the basis that their content is such that disclosure would constitute contempt of court. She affirmed the decision to refuse the request but varied the basis for this from that set out in the HSE's decision.
Case 090232. The Commissioner found that the HSE is justified under section 47 of the FOI Act in charging a search and retrieval fee proportionate to those records to which access was granted by the one decision maker (out of a total of 7 decision makers involved) who levied the fee; she varied the decision and directed that the HSE refund to the Applicant the balance of the fee paid.
Case 090314. The Senior Investigator affirmed the decision of the HSE. She found that, on balance, the public interest is better served by granting the requester access to the records.
Case 090172. The Senior Investigator found that the University's revised statement of reasons satisfied the requirements of section 18 of the FOI Act and affirmed the decision of the University accordingly.
Ms. X & St. James' Hospital - 2nd Jun 2010
Case 090257. The Senior Investigator found that the Hospital's decision to refuse access to the records sought is justified under section 28(1) of the FOI Act and affirmed the decision accordingly.
Case 070322. The Senior Investigator varied the decision of the Hospital and directed that access be granted by way of inspection to certain records. The granting of access in the form of copies would involve an infringement of copyright and section 12 of the FOI Act provides for the granting of access in a form or manner other than that requested.
Case 090289. The Senior Investigator found that the HSE is justified in its decision under section 10(1)(a) of the FOI Act to refuse access to the additional records sought on the basis the records do not exist or cannot be found after all reasonable steps to ascertain their whereabouts have been taken.
Case 090264. The Senior Investigator affirmed the Department's decision.
Mr X & Cork County Council - 20th May 2010
Case 090217. The Commissioner's authorised official affirmed the Council's position that sections 10(1)(a) and 22(1)(a) of the FOI Act were applicable in this case.
Case 090150. The Information Commissioner found that the decision of DCU to refuse access to the records at issue is justified under section 2(5)(a) and/or under section 10(1)(a) of the FOI Act and affirmed the decision accordingly.
Case 090045. The Senior Investigator found that UCC's decision to refuse access to the records sought is justified under section 28(1) of the FOI Act and affirmed the decision accordingly.
Case 100002. The Senior Investigator found that the Department is justified in its refusal of the records sought on the basis that such records cannot be found and that section 10(1)(a) of the FOI Act applies.
Ms. X & Clare County Council - 23rd Apr 2010
Case 090249. The Senior Investigator annulled the Council's decision and found that the records should be released.
Case 090259. The Senior Investigator found that the HSE is not justified in its decision and directed that the personal information at issue be partly deleted and amended in the manner specified.
Case 090192. The Information Commissioner found that the claims for exemptions under sections 20 and 21 of the FOI Act made by the HSE and (HIQA) were not justified in this case having regard to section 34(12) of the Act. Accordingly, she annulled the decision of the HSE and directed the release of the interim report in full.
Mr X & Dublin City Council  - 31st Mar 2010
Case 090250. The Senior Investigator annulled the Council's decision and found that the records should be released.
Case 090153. The Commissioner's authorised official annulled the decision of the OPW that the record at issue was exempt under section 27 of the FOI Act. He directed that it be released and stated that he would consider the public interest to warrant its release in any event. He also did not accept BMT's claim that the details at issue were subject to a duty of confidence (section 26), or that section 28 applied to them.
Case 090279 The Information Commissioner found that the HSE had not justified its refusal of the request by reference to sections 26 of the FOI Act. She directed the release of the records subject to redaction of one part of the records which identifies a third party and is exempt under section 28 of the FOI Act.
Case 070116. The Senior Investigator affirmed the Department's decision and found that the names were exempt under section 27 of the FOI Act. He did not make a finding regarding sections 26 and 31.
Case 090191. The Information Commissioner found that the HSE had not justified its refusal of the request by reference to sections 20, 21, 26 and 27 of the FOI Act. She was critical of the HSE's handling of the request and of the review. She directed the release of the records.
Case 090125. The Senior Investigator affirmed the Department's decision. Having regard to section 18(5) of the FOI Act, she found that the Applicant did not have a material interest in the acts for which he sought a statement of reasons, and was thus not entitled to such a statement under section 18(1) thereof.
Case 080178. The Commissioner found that the HSE was not justified in its refusal of access to certain records (which records have since been released in the course of the review); she further found that the FOI Acts did not give her jurisdiction to direct the HSE to make additional copies of records available to the Applicant's sister in circumstances where copies of those records had been previously released to the Applicant's legal representative.
Case 090001. The Senior Investigator affirmed the Department's decision and found that the records should be withheld in accordance with section 21(1)(c) of the FOI Act.
Case 090308. The Commissioner's authorised official affirmed the decision of the HSA that the records were outside the scope of the FOI Act by virtue of section 46(1)(dc) thereof (as inserted into the Act by section 74 of the Safety, Health and Welfare at Work Act, 2005).
Case 090154. The Commissioner found that the claims for exemptions made by the HSE and the relevant Hospital were unfounded in this case. She also found that the public interest favoured the release of the draft reports to the Applicant. Accordingly, she annulled the decision of the HSE and directed the release of the records concerned.
Case 090039. The Commissioner found that, in the particular circumstances of this case, the HSE is not justified in its decision to charge a fee to copy x-rays under section 47 of the FOI Act.
Case 090282. The Senior Investigator found that the Department failed to meet its burden of proof under section 34(12)(b) to justify its exemption of the record. He annulled the Department's finding and directed it to release the record concerned.
Case 090061. Whether the Council is justified in its decision to refuse a request for certain records made under section 7 of the FOI Act on the basis that they are exempt from release under the provisions of the FOI Act
Case 080082. Whether the Department is justified in its decision to withhold a certain record on the grounds of sections 20 and 26 of the FOI Act.
Case 090161. Whether the Department is justified in its decision under section 18 of the FOI Act to refuse to provide reasons for its decision to refuse the Applicant's naturalisation application.
Case 090028. Whether the Department is justified in its decision (in reliance variously on sections 19(1)(a), 19(1)(aa)(i), 19(1)(c), 20(1), 21(1)(c), 26(1)(a), 26(1)(b), 27(1)(b), 28(1), 31 and 32 of the FOI Act) to refuse access to records sought in a request under section 7 of the FOI Act
Case 090285. Whether the HSA's decision to refuse access to records concerning a workplace accident is justified under section 46(1) of the FOI Act
Case 090176. Whether the HSE is justified under section 47 of the FOI Act, in its decision to charge a fee of €92.00 in respect of the estimated cost of photocopying records relating to her personal information and that of her children.
Case 090111. The Senior Investigator found that the HSE is justified in its decision that (1) the withheld parts of the records are exempt from release in that section 28(1) of the FOI Act applies and the public interest in granting the request is not outweighed by the public interest that the right to privacy of individuals be upheld under section 28(5) of the FOI Act; and (2) audiology records are exempt from release under section 10(1)(a) of the FOI Act on the basis that such records do not exist or cannot be found after reasonable steps to ascertain their whereabouts have been taken. She affirmed the HSE's decision.
Case 080263. Request to the Department of Justice, Equality and Law Reform (the Department) for various documents relating to Ms Y - whether any relevant records that might be held by the Gardai are under the control of the Department - section 2(5)(a) - whether records would be exempt from production in proceedings in a court on the ground of legal professional privilege - section 22(1)(a) - whether records contain material the release of which could reasonably be expected to prejudice or impair lawful methods, systems, plans or procedures for ensuring the safety of the public and the safety or security of persons and property - section 23(1)(a)(iii) - whether the conditions required to be met in order for the public interest to be considered in respect of the latter variety of records have been met - section 23(3) - whether records contain information obtained or prepared for the purpose of intelligence in respect of the security or defence of the State - section 24(2)(a)(i) - whether records outside the scope of the FOI Act by virtue of section 46(1)(b).
Case 070266. The Senior Investigator varied the decision of the Department. He found that the Department was justified in its decision that additional records either do not exist or cannot be found and that section 10(1)(a) of the FOI Act applies. He also found that section 46(1)(b) was applicable to the record created by the member of staff of the Attorney General's Office, and that section 22(1)(a) applies to the record concerning the seeking of legal advice.
Case 090245. The Senior Investigator found that the HSE is justified in its decision that the records are exempt from release in that section 28(1) of the FOI Act applies and the public interest in granting the request is not outweighed by the public interest that the right to privacy of individuals be upheld under section 28(5) of the FOI Act. She affirmed the HSE's decision.
Mr. DM & A third level college - 18th Dec 2009
Case 090066. The Commissioner varied the decision of the College and directed the release of certain records. She found that Section 23(1)(aa) of the FOI Act, which provides for refusal of access if such access could reasonably be expected to endanger the life or safety of any person applies only to parts of the records and that redacted versions of these records should be released.
Case 070070. Whether the C&AG is justified in its decision to refuse a request for records made under section 7 of the FOI Act on the basis that they are exempt from release under the provisions of the FOI Act.
Ms X & Department Y - 18th Dec 2009
Case 090147. Whether the Department is justified in its decision under section 17 of the FOI Act to refuse to amend records in which personal information is held.
Ms C & A Hospital - 16th Dec 2009
Case 090206. The Senior Investigator found that the hospital is justified in its decision under section 10(1)(a) of the FOI Act to refuse access to the records sought on the basis the records do not exist or cannot be found after all reasonable steps to ascertain their whereabouts have been taken.
Case 080216. Whether the Department is justified in its decision (in reliance on sections 22(1)(a) and 28(1) of the FOI Act) to refuse access to records sought in a request under section 7 of the FOI Act.
Case 090132. The Commissioner found that the Applicant did not have a material interest in the matter, as that term is defined in section 18(5) of the FOI Act, and therefore that the Applicant was not entitled to a statement of reasons under section 18 of the FOI Act. She affirmed the decision of the HSE accordingly.
Case 090131. The Commissioner found that the Applicant did not have a material interest in the matter, as that term is defined in section 18(5) of the FOI Act, and therefore that the Applicant was not entitled to a statement of reasons under section 18 of the FOI Act. She affirmed the decision of the Department accordingly.
Case 080240. Having carried out a review under section 34(2) of the FOI Act, the Commissioner found that the Council is not justified in its refusal of access to the records at issue. She examined the provisions of section 21(1)(c), section 27(1)(c) and section 31(1) of the Act. She accepted that section 27(1)(c) could apply but found under section 27(3) that the public interest in granting the request outweighed the public interest in refusing it. She annulled the decision of the Council and directed it to grant access to the records
Mr XY & Dublin City Council  - 7th Dec 2009
Case 090151. The Senior Investigator found that the Council is justified in its decision under section 10(1)(a) of the FOI Act to refuse access to the records on the basis that such records do not exist or cannot be found.
Case 080156. The Senior Investigator found that the Applicant did not have a material interest in the matter, as that term is defined in section 18(5) of the FOI Act, and therefore that the Applicant was not entitled to a statement of reasons under section 18 of the FOI Act. She affirmed the decision of the Council accordingly.
Case 090202. The Senior Investigator found that the Council is not justified in its refusal of access to the record. He annulled the decision of the Council and directed it to release the record in question.
Mr. X & Fingal County Council - 30th Nov 2009
Case 080258. The Senior Investigator found that the Applicant did not have a material interest in the matter, as that term is defined in section 18(5) of the FOI Act, and therefore that the Applicant was not entitled to a statement of reasons under section 18 of the FOI Act. She affirmed the decision of the Council accordingly
Case 090104. Whether the HSE is justified in its decision to refuse a request for access to a copy of videotapes of assessments of the applicant's children made under section 7 of the FOI Act on the basis that the records are exempt from release under section 28 of the FOI Act. The HSE also referred to section 12 (2)(b)(iv) of the Act in relation to its provision of the records for inspection as opposed to granting access in the form of copies as required. - 12; 28
Ms. L & A hospital - 18th Nov 2009
Case 090053. Whether the Hospital's decision to refuse access to records comprising details of certain policies, practices and statistical information sought by the applicant was justified under Section 10 of the FOI Act.
Case 060092. Appeal of the refusal of the Department to grant access to records it held in relation to the Dublin Monaghan Bombings under sections 19(1)(a), 23(1)(a)(iii), and 28(1) of the FOI Act. - 19; 23; 28
Case 090199. Whether the HSE is justified in its decision to refuse a request, made under section 7 of the FOI Act, for access to records held by the HSE on the basis that the records are exempt from release under various provisions of the FOI Act.
Mr X & The Medical Council - 5th Nov 2009
Case 090042 . Whether the Council's decision to refuse access to any further records relating his complaint against a medical consultant is justified under section 10(1)(a) of the FOI Act
X & Y ("the Department") - 23rd Oct 2009
Case 080074 & 080091. Whether the Department has carried out its responsibilities under section 17 of the FOI Act in relation to certain records identified by the applicant and also whether its statement of reasons for particular actions is adequate for the purposes of section 18 of the Act
Case No. 070304. Whether the decision of the IMB to grant a request to which section 29 of the FOI Act applies, involving Periodic Safety Update Reports on the drug nimesulide, is justified - 26; 29
Case 080027. Whether the Department is justified in its decision to refuse to release details of the total amounts paid to the experts involved in compiling the published report on the Health Effects of Electromagnetic Fields (the report).
Case 080025. Whether the Service Provider is justified in its decision to refuse a request, made under section 7 of the FOI Act, for access to records relating to complaints of sexual assault on the basis that certain records are exempt from release under various provisions of the FOI Act, including sections 21, 22 and 28.
Case 080099. Whether the Department's decision to refuse access to records under sectiuons 21, 23, 26, 27 and 28 of the FOI Act was justified.
Case 070350. Whether the HSE is justified in its refusal of access to records relating to the purchase of Our Lady of Lourdes Hospital, Drogheda, County Louth (the Hospital) in 1997 by reference to various sections of the FOI Act, including sections 6(4), 6(5)(a), 10(1)(a), 22(1)(a), 27(1)(b) and (c) and 46.
Case 090102. Whether the HSE is justified in its decision (in reliance on section 28 of the FOI Act) to refuse access to records concerning the applicant's son which were sought in a request under section 7 of the FOI Act
Case 090130. Appeal by the person to whom the information relates against the decision of the HSE to grant a request for access to a record (report of an accident at the Applicant's premises) on the basis that, while the record qualifies for the exemption at section 27(1) (b) of the FOI Act, the public interest would, on balance, be better served by the granting of the request . The HSE decision was taken in accordance with section 27(3) of the FOI Act. This was a request to which section 29 of the FOI Act applies.
Case 080292 . Whether the HSE's decision to refuse access to records of a psychiatric nature relating to the applicant was justified under Sections 21, 23 and 28 of the FOI Act.
Case 080002 & 080003. Whether amendment of the marks awarded to the applicant in relation to his Revenue Law examination script is required under section 17 of the FOI Act; whether the University has provided an adequate of reasons under section 18 of the FOI Act for the decision not to award the applicant the full amount of marks allocated to questions 1 and 5 of the Revenue Law examination script.
Case 080232. Whether the Council is justified in its decision under section 27 of the FOI Act to refuse access to records sought under section 7 of the Act. The withheld records comprise a "concession contract" and related records concerning the provision of outdoor advertising and public amenity services in Dublin by JCDecaux.
Case 040312. Request for access to records concerning an investigation by the Environmental Protection Agency (EPA) - whether records held by the EPA that are copies of records held by the Director of Public Prosecutions (the DPP) are outside the scope of the FOI Act - section 46(1)(b) - whether the records are subject to legal professional privilege - section 22(1)(a) - whether their disclosure would be in contempt of court - section 22(1)(b) - whether their disclosure could prejudice the fairness of pending court proceedings - section 23(1)(a)(iv) - whether their disclosure could prejudice or impair the investigation of offences, the prosecution of offenders or the effectiveness of lawful methods employed for such purposes - section 23(1)(a)(i) - whether their disclosure could prejudice or impair the enforcement of, compliance with or administration of any law - section 23(1)(a)(ii ) - whether the records contain commercially sensitive information - section 27 - whether public interest warrants their release - section 27(3).
Case 080208. Whether the decision of TCD to refuse access to records concerning the Office of the Director of Buildings (including the Buildings Office and agents of the College) is justified under the FOI Act
Case 080279. Whether the HSE is justified under the provisions of section 26 of the FOI Act in its decision to grant access to social work records concerning (the school). The application arises from a decision to which, in the opinion of the HSE, the provisions of section 29 of the FOI Act apply.
Irish Medical News & the HSE - 21st May 2009
Case 090023. Whether the HSE is justified in its decision to refuse access to a record comprising a review of acute services in HSE South on the basis that the record is exempt from release under the provisions of section 20(1) of the FOI Act. The Senior Investigator found that the HSE is not justified in its refusal of access to the record. She annulled the decision of the HSE and directed it to release the record in question.
Case 080129. Whether the HSE is justified in its decision to refuse a request for records concerning the applicant's premises made under section 7 of the FOI Act on the basis that some records and parts of records are exempt from release under various provisions of the FOI Act.
Mr. X and a County Council - 25th Nov 2008
Case 060130. Access to an Investigation Report under the Council's Grievance and Disciplinary Procedures requested by the person who had been the subject of the investigation. WIth the exception of the personal information of individuals which was found to be exempt under section 28(1) of the FOI Act, the Office directed that the requested access be granted.
Case 070290. The Commissioner's decision on the request for access to the records of Galway County Council dealing with the seizure, in March 1999, under the Control of Horses Act 1996, of three horses and their subsequent destruction, upheld Galway County Council's refusal of access to all but one such record on the basis that records did not exist. One record was found and released to the requester during the course of the review.
Case Case 080144. The Senior Investigator found that the HSE is not justified in its refusal of access to the record. She annulled the decision of the HSE and directed it to release the record in question.
Case 070332 . The Commissioner found that the IDA had not properly applied the provisions of the FOI Act in exempting excerpts of the report. Accordingly, the IDA's decision was annulled and a new decision was made that the report be released in full to the applicant. This decision was made and issued on 7 October, 2008. Note: When decisions of the Information Commissioner are published, the normal practice is to anonymise the party/parties concerned, however, in this case, the Applicant has requested that his name be published.
Case 080050. The Commissioner found that the Council was justified in its decision to refuse the request and justified in its decision not to disclose whether or not the records sought by the Applicant actually exist.
Case 060320. Access to a report of an enquiry team arising from a complaint concerning prescribing and dispensing practices - whether the record relates to deliberative process - section 20(1) - whether access to the record could prejudice investigations or have an adverse effect on performance of public body's functions - section 21(1)(a) and (b) - whether the record contains commercially sensitive information - section 27(1)(b) - public interest test - section 27(3).
Ms X and Rotunda Hospital - 20th Dec 2007
Case 050126. Access to records giving the age of the Applicant's grandmother when she gave birth to the Applicant's mother at the Rotunda Hospital on a date in 1935 - personal information - section 28 - information given in confidence - section 26
Ms. X and the Rotunda Hospital - 19th Dec 2007
Case 050305. "Origins" records - access to records giving the age of the requester's grandmother when she gave birth to the requester's father in 1907 - personal information - section 28(1) - whether information of the same kind in respect of individuals is available to the general public - section 28(2)(c) - access to personal information of deceased person by a next of kin - section 28(6)(b) - whether the information has the necessary quality of confidence - section 26(1)(a) - whether disclosure of the woman's age to her granddaughter would constitute a breach of an equitable duty of confidence - section 26((1)(b).
Ms X & Rotunda Hospital - 14th Dec 2007
Case 050148. The decision of the Information Commissioner was appealed to the High Court by the Hospital. The judgment of McCarthy J, which dismissed the appeal, was delivered on 2 July 2009. That judgment was appealed to the Supreme Court by the Hospital. The judgment of the Supreme Court (3 judgments) was delivered on 19 July 2011. Request for access to information on the address, date of birth and age of a woman who gave birth to a baby in 1922 - whether the Hospital concerned was justified in refusing that access for the reasons that (a) records containing information on the address and date of birth of the woman did not exist and (b) the record containing information on the age of the woman contained her personal information and that her confidence was protected - section 10(1)(a) - section 26(1) - section 28(1)
Case 070155. Request for access to information relating to exams taken at UCD - section 10(1)(a) - whether further records existed - Section 21(1)(a) - whether access could prejudice exams in the future - section 21(2) - the public interest. The Commissioner's decision in this case was appealed to the High Court on a point of law (section 42 of the FOI Act refers) - see judgment of Sheehan, J. as handed down on 23 June 2009 - Kruse -v- Information Commissioner
Case 060023. Request to the Department of Transport for records relating to the inspection of a vessel - whether request was frivolous or vexatious - section 10(1)(e) - whether requested records contained commercially sensitive information - section 27 - whether records contain personal information - section 28 - whether records contain information provided in confidence - whether release of information in records could prejudice the effectiveness of examinations conducted by the Department or the procedures or methods employed for the conduct thereof - section 21 - whether they contain information that, if released, could prejudice the prevention, detection or investigation of offences or the effectiveness of lawful methods, systems, plans or procedures for the purposes of the matters aforesaid - section 23(1)(a)(i) - whether they contain information that, if released, could prejudice or impair the enforcement of, compliance with or administration of any law - section 23(1)(a)(ii) - whether they contain information that, if released, could prejudice or impair lawful methods, systems, plans or procedures for ensuring the safety of the public or the safety or security of persons and property - section 23(1)(a)(iii) - whether they contain information that, if released, could prejudice or impair the fairness of civil or criminal proceedings in a court - section 23(1)(a)(iv) - whether they contained information that could affect adversely the international relations of the State - section 24(1)(c).
Case 040104. Request to the Department of the Environment, Heritage and Local Government for records relating to the electronic voting system, including records held by third parties outside of the jurisdiction - whether there exists contracts for service on foot of which the third parties were obliged to provide records to the Department - section 6(9) - whether, if such records were not forthcoming, the third parties could be required to provide records further to section 37 of the FOI Act - whether records relating to the deliberative process in respect of "tallyman data" should be released in the public interest - sections 20(1) and 20(3) - whether release of records could make it easier to interfere with the voting system and thus to commit an offence - section 23(1)(c)
Case 060260. for records relating to risk equalisation - whether the Authority is deemed to have refused the request - section 41 - whether processing the request would cause a substantial and unreasonable interference with or disruption of the other work of the Authority - section 10(1)(c) - whether the Authority offered to assist the requester - section 10(2)
Case 060030. Access to records relating to a reference supplied to the HSE by a former employer of Ms. Y - whether disclosure of the information concerned would constitute a breach of an equitable duty of confidence - whether public interest considerations relevant in deciding whether disclosure would breach equitable duty of confidence - fair procedure and the public interest - fair procedure and equity - whether disclosure is "unauthorised" - section 26(1)(b).
Case 060269. Request for accounts records and records relating to the Patient's Private Property Account of the requester's aunt who is a long stay patient in a HSE facility - personal information - section 28(1) - whether the person to whom the information relates has consented to its release - section 28(2)(b) - whether release of the information would "benefit the individual" to whom it relates - section 28(5)(b).
Case 040219. Request to the Department of the Environment, Heritage and Local Government for records relating to the procurement of the electronic voting system - whether confidential information - section 26(1) - whether commercially sensitive information - section 27(1) - public interest
Ms. X and the HSE - 7th Sep 2007
Case 050330. Request by a former patient for her own psychiatric records - whether disclosure to the requester might be prejudicial to her physical or mental health, well-being or emotional condition - section 28(3) - whether exercise of discretion to rely on section 28(3) warranted.
Case 000078. Request for access to records concerning requester's son (a minor) - whether release of joint personal information concerning the requester, his son and his son's mother was warranted in the public interest - section 28(5)(a) - whether release of the records to the requester was in the best interests of his son i.e. whether a right of access arose under the regulations provided for at section 28(6) of the FOI Act.
Case 050259. The HSE appealed the decision to the High Court on points of law. The judgment of Mr. Justice McMahon was delivered on 1 October 2008. A parent's request for access to the records of a child.
Case 99046 . Records relating to disability benefit claim - whether records did not exist or could not be found after all reasonable steps to ascertain their whereabouts had been taken - section 10(1)(a).
Request to the Department of the Taoiseach for records relating to the Government decision in favour of the Dublin Airport Authority building and owning a second terminal at Dublin Airport - whether the records were submitted to the Government for its consideration by a Minister of the Government and were created for that purpose - section 19(1)(a) - whether the records were records of the Government other than one by which a decision of the Government was published to the general public by or on behalf of the Government - section 19(1)(b) - whether the records contain information for a member of the Government for their use primarily for the purpose of the transaction of any business of the Government at a meeting of the Government - section 19(1)(c) - whether any elements of those records found to be exempt under section 19(1) contain factual information that may be released - section 19(3)(a) - whether the records were held or created by the Attorney General or the Office of the Attorney General (other than a record containing the general administration of that Office) - section 46(1)(b).
Ms X and Mr Y and a Hospital - 12th Jun 2007
Case 050222. Request by parents for a copy of a videotape of interviews with their child as part of investigation of possible child sexual abuse - form of access to the records - whether provision of a copy of the videotape to the parents would conflict with legal duty or obligation - whether provision of a copy of the videotape to the parents would prejudice, impair or damage any interest protected by Part III - section 12(2)(b)(iii) and (iv) - personal information of a minor - section 28(6)(a) - presumption that parent is entitled to access to the records - McK v the Information Commissioner - whether provision of a copy of the videotape to the parents would be in the minor's best interests - whether provision of a copy of the videotape to the parents would constitute a breach of a duty of confidence - section 26(1)(b) - whether the effectiveness of investigations would be prejudiced - section 21(1)(a).
Freedom of Information and Discovery in Legal Proceedings
Mr X and the HSE - 31st May 2007
Case 040149. Request by a next of kin for access to medical records of deceased mother - personal information - section 28(1) - statutory interpretation - section 28(6)(b) and article 3(1)(b)(iii) of the FOI Act 1997 (section 28(6)) Regulations 1999 [SI No 47 of 1999] - classes of requester to whom a deceased person's records may be released - whether a duty of confidence is owed by the HSE - section 26(1)(b).
Case 030056. Request for reference supplied to the Order by previous employer - whether there was an understanding of confidence - section 26(1)(a) - whether equitable duty of confidence owed to referee - section 26(1)(b) - whether contract for services between referee and a public body - section 26(2) - whether contract for services must be with the public body holding records - section 26(2) - application of section 26(1) restricted by section 26(2).
Case 050319. Request for access to records concerning the decision to downgrade four five-star hotels - whether the records contain information imparted in confidence - section 26 - whether they contain commercially sensitive information - section 27 - whether the public interest warrants their release - section 27(3).
Case 031018. Request to the Department of the Environment, Heritage and Local Government for records relating to the electronic voting system - whether such release could make facilitate the commission of an offence - section 23(1)(c)
Case 040152. Access to employment reference provided to a former Health Board - whether release would amount to a breach of a duty of confidence - section 26(1)(b)
Case 010355. Request for access to records created by the Garda Síochána in relation to a tender competition where the Department was the contracting authority - whether the records created by the Garda Síochána are under the control of the Department - section 2(5)(a)
Case 010314. Request for access to personnel records held by the former South Eastern Health Board (the Board) - whether records of contacts between solicitors for the Board and solicitors for the applicant, marked "without prejudice" attract legal professional privilege - section 22(1)(a) - whether information provided by a University to the Board in relation to the applicant's performance on a course was provided in confidence - section 26(1) - whether disclosure of records would involve the release of personal information - section 28(1).
Case 040025. Request for access to records - whether a briefing note given to a Minister falls outside of the scope of the FOI Act - section 46(1)(db) - whether an exemption on the grounds of legal professional privilege is applicable - section 22(1)(a)
Case 010221. Request for administration records of the Planning Tribunal - whether section 27(1)(b) applies to spreadsheets of monthly expenditure by the Tribunal and fee notes supplied by legal professionals - whether section 28(1) applies to names of individuals recruited through employment agencies
Case 010264. Request for administration records of the Planning Tribunal - whether section 27(1)(b) applies to spreadsheets of monthly expenditure by the Tribunal and fee notes supplied by legal professionals - whether section 28(1) applies to names of individuals recruited through employment agencies
Case 050338. Request to the Department of Community, Rural and Gaeltacht Affairs for access to the report of an investigation into allegations made by the requester against the Chief Executive Officer of Waterways Ireland - whether such release could reasonably be expected to affect adversely matters relating to Northern Ireland - section 24(1)(d) - whether such release contained information communicated in confidence to any person in or outside the State from any person in or outside the Sate and relating to a matter relating to Northern Ireland and expressed by the latter person to be confidential or to be communicated in confidence - section 24(2)(d) - whether such release would amount to a breach of a duty of confidence - section 26(1)(b) - whether such release would involve the disclosure of personal information - section 28(1) - whether the public interest was better served by the release of any personal information rather than by it being withheld - section 28(5)(a) - whether such release could reasonably be expected to prejudice the effectiveness of tests, examinations, investigations, etc conducted by or on behalf of the Department or the procedures or methods employed for the conduct thereof - section 21(1)(a).
Case 050129. Request by parent for access to child's hospital records - whether release would best serve the interests of the child - section 28(6)
Case 050166. Request for access to records - whether the public interest favours release of records that disclose positions taken for the purpose of negotiations - section 21(2) - whether an exception to the legal professional privilege rule may apply - section 22(1)(a) - whether release of relevant records would constitute contempt of court - section 22(1)(b) - whether access could reasonably be expected to prejudice or impair the fairness of civil proceedings in a court or other tribunal - section 23(1)(a)(iv) - whether the public interest favours release of a record that would disclose personal information about a third party - section 28(5)(a)
Case 020021. Access to employment reference provided to the former Southern Health Board by the subject of the reference - whether it was provided in confidence - section 26(1)(a) - whether release would amount to a breach of a duty of confidence - section 26(1)(b) - whether release would prejudice the effectiveness of inquiries conducted by the Board in its recruitment process - section 21(1)(a) - whether the public interest warrants release - section 21(2)
NMCK and the HSE - 29th May 2006
Case 99491, 020593, 030587. Request by a parent for access to records of his family - personal information - section 28 (1) - access by parent to medical records of a minor - primary position that presumption exists that parent is entitled to access to records of a minor child - whether circumstances exist to rebut the presumption that release of records would best serve the minor's interests - section 28(6) - whether the public interest that the request be granted outweighs the public interest that the right to privacy of the individual be upheld - section 28(5)(a).
N. McK and a Dublin Hospital - 19th May 2006
Case 000137. Request by a parent for access to medical records of a minor - primary position that presumption exists that the parent is entitled to access to the records - whether circumstances exist to rebut the presumption that release of information would best serve the minor's interests - section 28(6) - whether the public interest that the request be granted outweighs the public interest that the right of privacy of the individual be upheld - section 28(5)(a) - whether legal professional privilege applies where the client is deceased - section 22(1)(a) - whether disclosure of records would constitute contempt of court - whether breach of in camera rule would occur -section 22(1)(b)
Case 050287. Decision confirming that where records requested contain a mixture of personal and non-personal information appropriate fees are payable - section 47(6A)(c).
Case 050364. Request to Trinity College Dublin - whether frivolous or vexatious - section 10(1)(e) - whether request would have required the examination of such number of records as to cause a substantial and unreasonable interference with the work of the College - section 10(1)(c). The decision in this case was subsequently appealed to the High Court by Mr X. On 16 April 2008, it was agreed between the parties that the decision be remitted to the Office of the Information Commissioner for fresh determination.
Case 050364. Request to Trinity College Dublin - whether frivolous or vexatious - section 10(1)(e) - whether request would have required the examination of such number of records as to cause a substantial and unreasonable interference with the work of the College - section 10(1)(c). The decision in this case was subsequently appealed to the High Court by Mr X. On 16 April 2008, it was agreed between the parties that the decision be remitted to the Office of the Information Commissioner for fresh determination.
N.McK and a Dublin Hospital - 27th Apr 2006
Case 000128A. Request by a parent for access to medical records of a minor - primary position that presumption exists that the parent is entitled to access to the records - whether circumstances exist to rebut the presumption that release of information would best serve the minor's interests - section 28(6) - whether the public interest that the request be granted outweighs the public interest that the right of privacy of the individual be upheld - section 28(5)(a).
Case 040419. Application for a statement of reasons as to why the applicant was refused a certificate of naturalisation - section 18 - whether a public body was entitled to refuse to provide a statement of reasons for its decision - section 18(2)
Mr. X and the Defence Forces - 1st Mar 2006
Case 040333. Request for access to medical reports created following threat of litigation - whether an exception to the legal professional privilege rule may apply - section 22(1)(a)
Case 040334. Whether disclosure of a record would constitute contempt of court where the court refused to order discovery because it did not consider an entitlement to discovery to have been demonstrated - section 22(1)(b)
Case 040097. Request for access to records relating to the decentralisation of Government Departments/Agencies - whether records were submitted to the Government - section 19(1) - whether access could disclose the negotiating position of the Department of Finance and/or other Departments - section 21(1)(c) - whether records relate to the deliberations of the Department of Finance - public interest in disclosure of records relating to the deliberative process of the Department of Finance - section 20
Case 020614. Note: The Department appealed this decision to the High Court. The judgment of Mr. Justice Brian McGovern was delivered on 31 July 2008 Records relating to negotiations on the Agreement in June 2002 between the State and religious congregations on their contribution to redress scheme for victims of abuse in residential institutions - whether records were submitted to or relate to meetings of Government - section 19 - whether records relate to the deliberative process of a public body - section 20(1) - whether release would disclose positions taken for the purpose of negotiations carried on on behalf of the government or a public body- section 21(1)(c) - whether records qualify for legal professional privilege - section 22(1)(a) - whether records relate to the business of an inquiry - section 22(1A) - whether the information was provided to a public body in confidence - section 26 - whether release could prejudice the conduct or outcome of contractual or other negotiations - section 27(1)(c) - whether release would involve disclosure of personal information - section 28 - whether premature disclosure of information contained in records could result in undue disturbance of business in the State - section 31(1)(b) - whether section 46(1)(b) applies - whether the public interest would be better served by release of certain records - section 20(3), section 21(2), section 26(3), section 27(3), Section 28(5).
Case 040140. Statutory basis for the conduct of an internal review - jurisdiction at internal review stage - categories identified in section 14(1) - jurisdiction at internal review stage - whether internal review covers all such categories
Case 000479. These decisions were appealed to the High Court and were remitted to the OIC for fresh review, on foot of Judge Maureen Harding Clark's judgment of 13 July 2009 [2006 No. 4 M.C.A.].
Case 000478 & 000549. Request for records of a former Health Board - investigation of possible child sexual abuse - joint personal information - section 28(5B) - whether requester guardian of child - whether section 28(6) applies - public interest - section 28(5)(a) - relevance of European Convention on Human Rights.
Case 010459. Request for list of all properties owned, used or rented or in any way utilised by Dublin City Council on the North Circular Road, Dublin 7 - whether release could reasonably be expected to have a significant adverse impact on the performance of its functions relating to management - section 21(1)(b) - whether release could reasonably be expected to facilitate the commission of an offence - section 23(1)(c)
Case 050102. Application for amendment of University examination results - section 17
Mr X and the Public Body - 30th Aug 2005
Case 040143 . Application for deletion of medical certificate certifying the applicant as unable to perform the duties of his employment by reason of permanent infirmity - whether the record was incorrect, incomplete or misleading at the time it was created - whether the record is now incorrect, incomplete or misleading - whether the record should be deleted or amended by means of attaching a statement - section 17.
Case 030624. Request for access to records relating to the tax settlement between Mr Charles Haughey and the Revenue Commissioners Whether records created during the course of negotiations of a tax settlement can relate to the business or proceedings of a tribunal - section 22(1A) - relevant factors when reviewing discretionary element of an exemption - section 22(1A) - whether information supplied during the course of a tax settlement can be subject to a duty of confidence - section 26(1)(b) - whether disclosure would prejudice the effectiveness of inquiries carried out by the Revenue - section 21(1)(a) - whether disclosure could prejudice the enforcement or compliance with the tax law - section 23(1)(a)(ii) - whether there is a stronger public interest in disclosure of personal information of former public representatives
Case 040193. Records relating to the applicants' complaints in relation to their childrens' school made to the Department of Education and Science - information given in confidence - section 26(1)(a).
Case 040275. Request for access to records relating to the development of the Derrybrien wind farm - whether information given in confidence - section 26(1)(a) - whether disclosure would constitute a breach of a duty of confidence - section 26(1)(b) - whether commercially sensitive information - section 27(1)(b) - whether public interest better served by release - section 27(3).
Case 040020. Request to the Department of Health and Children (the Department) - request not made in writing - whether a valid request had been made - section 7(1) - whether Department's decision capable of review by the Commissioner - section 34(2) - discontinuation of Commissioner's review - section 34(9) - 07(1); 34(2); 34(9)(a)(ii)
Case 020353. Whether a public body is required, under section 18 of the Freedom of Information Acts, to provide a statement of reasons for a decision where the Minister in question has absolute discretion to make the decision
Case 010321. Records relating to name of person who reported child abuse concerns to the Board - information given in confidence - section 23(1)(b).
Case 030847. Request for records of correspondence between the Hospital and the Post Mortem (Dunne) Inquiry and between the Hospital and others pertaining to the Inquiry - whether disclosure would constitute a breach of a duty of confidence - section 26(1)(b) - whether the information was provided to a public body in confidence - section 26(1)(a) - whether the records relate to the business of an inquiry - section 22(1A) - whether the records qualify for legal professional privilege - section 22(1)(a) - whether the records relate to the deliberative process of a public body - section 20(1) - whether release could prejudice the effectiveness of investigations by a public body - section 21(1)(a) - whether release could prejudice the fairness of civil proceedings in a court or other tribunal - section 23(1)(a)(iv) - whether release would involve the disclosure of personal information - section 28.
Case 040302. Request for access to certificates of withholding in relation to records which contain references to the Dublin bombings of November and December 1982 and January 1973 - whether release is prohibited by section 8(4) of the National Archives Act - section 32
Case 030830.Note:The decision in this case was appealed to the High Court. Request for records of correspondence between the Hospital and the Post Mortem (Dunne) Inquiry and between the Hospital and others pertaining to the Inquiry - whether disclosure would constitute a breach of a duty of confidence - section 26(1)(b) - whether the information was provided to a public body in confidence - section 26(1)(a) - whether the records relate to the business of an inquiry - section 22(1A) - whether the records qualify for legal professional privilege - section 22(1)(a) - whether the records relate to the deliberative process of a public body - section 20(1) - whether release could prejudice the effectiveness of investigations by a public body, have significant adverse effect on the performance of management functions or disclose positions taken by a public body in negotiations - sections 21(1)(a), (21)(1)(b), 21(1)(c) - whether release could prejudice the fairness of civil proceedings in a court or other tribunal - section 23(1)(a)(iv) - whether release would involve the disclosure of personal information - section 28 - whether access to copies of published articles may be given and the form of such access - sections 46(2), 12.
Case 031099. Application for reasons why marks were awarded under each 'component' of promotion interview criteria - whether 'act' for which the reasons sought confers on or withholds from the person a benefit - whether a public body is obliged to provide reasons for every secondary 'act' of a public body- section 18
Case 010072. Request for statistics concerning specific activity within St Clare's Unit of the Hospital (the Unit) between 1987 to 1999 inclusive - whether records specifically containing the requested information exist - whether records specifically containing the requested data must be compiled, in the event that the requested information is contained in a variety of records - section 10(1)(a) - in the event that such records must be compiled, is it reasonable to direct the Hospital to do so - section 10(1)(c).
Case 040111. Request for review of decision to extend time-frame for decision in accordance with section 9(1)
Mr X and Naas Town Council - 24th Dec 2004
Case 030520. Records relating to an agreement between a development company and Naas Town Council in relation to lands - records under the control of a public body but held by its legal advisers- section 2(5)(a) - whether the record does not exist or cannot be found after all reasonable steps to ascertain its whereabouts have been taken- section 10(1)(a) - service of notices requiring information to be furnished to the Commissioner- section 37(1).
Case 030421. Appeal of deposit under section 47(7) on the basis that section 47(5) applied. Whether section 47(5) envisaged reduction or waiver of deposit in absence of retrieved records.
Case 000103. Access to a report by the former Eastern Health Board of its investigation into an outbreak of salmonella amongst customers of a Take-away - whether the report was prohibited from release under an enactment not specified in the Third Schedule to the FOI Act, specifically SI No 85 of 1998 - section 32
Mr. X and an Institute - 4th Dec 2004
Case 040004 & 040005. Note: The Commissioner's decision in this case was appealed to the High Court on a point of law. The case was struck out by Mr. Justice Quirke on 24 October 2005 with no order as to costs.
Case 010147. Note: The Commissioner's decision in this case was appealed to the High Court. The High Court Judgment in the case issued on 25 January 2006. Request for records compiled and presented by Waterford City Enterprise Board to its evaluation committee concerning the requester's application for grant assistance - whether the records are held by or under the control of the Department - section 2(5)(a)
Case 000528. Request for details of out-of-court settlement of an employment dispute involving Board and senior hospital consultant - whether release would have adverse effect on functions relating to management - section 21(1)(b) - whether release would disclose positions taken for the purposes of negotiations - section 21(1)(c) - whether records protected by legal professional privilege - section 22(1)(a) - whether release would constitute a contempt of court - section 22(1)(b) - whether release would prejudice or impair the enforcement of, compliance with, or administration of any law - section 23(1)(a)(ii) - whether release would constitute a breach of a contractual duty of confidence - section 26(1)(b) - whether release could result in a material financial loss or prejudice the competitive position of a person in conduct of business - section 27(1)(b) - whether release could prejudice contractual or other negotiations - section 27(1)(c) - whether release would involve disclosure of personal information - section 28(1) - whether public interest better served by release than by refusal - section 21(2), section 27(3) and section 28(5)(a).
Mr X and a Local Authority - 16th Sep 2004
Case 010310. Request by an employee of a local authority for job references provided by members of staff of a public body - referees understood references given in confidence - whether release would have a significant, adverse effect on the performance of functions relating to management - section 21(1)(b) - whether information provided in confidence -section 26(1)(a).
Case 030023. Application under section 17 of the FOI Act for the amendment of a record on the requester's personnel file held by the Department - adding to the record a statement specifying the respects in which the body is satisfied that the information is incomplete, incorrect or misleading, as may be appropriate - section 17(1)(ii).
Case 030759. Issues Request for identity of the maker of an FOI request to the Midland Health Board - whether commercially sensitive information - section 27(1)(b) - public interest - section 27(3)
Case 030361 & 030699. Request for records relating to the Review Group on Building Societies Legislation - records of Government - section 19(1)(b) - statement made at a meeting of Government - 19(2) - matter relating to the deliberative processes of a public body - section 20(1) - whether public interest better served by release - section 20(3) - whether disclosure would constitute a breach of a duty of confidence - section 26(1)(b) - whether commercially sensitive information - section 27(1)(b)
Case 030622. Request for records relating to drafts of the National Spatial Strategy (NSS) - whether records have been, or were proposed to be, submitted to Government for their consideration - 19(1)(a) - records of communication between members of Government - 19(1)(aa) - records of Government - section 19(1)(b) - whether records contain information for use primarily at a meeting of Government - 19(1)(c) - statement made at a meeting of Government - 19(2) - whether a committee of officials meets the definition of "Government" - section 19(6)(b)
Case 031109. Request for records relating to consultant's report and Ministerial decision to close St. Catherine's College of Education for Home Economics, Sion Hill, Blackrock, Co. Dublin - whether release would have adverse effect on performance by Department of any of its functions relating to management - section 21(1)(b) - whether release could disclose positions to be taken for the purpose of any negotiations to be carried on on behalf of the Government or a public body - section 21(1)(c) - public interest - section 21(2).
Case 040031. Request for all records relating to requester and in particular the legal advice which requester contends was given to the Minister regarding the Memorandum and Articles of Association of a client company - section 10(1)(a) - whether Department had untrammelled right of access to client company's records and whether legal professional privilege would apply to legal advice received by company - section 22(1)(a)
Case 030693. Appeal of the decision of the Department of Education and Science to refuse access to reports of internal audits undertaken between January 2000 and 12 March 2003 - whether disclosure of the records could prejudice the effectiveness of audits or the procedures or methods employed for conducting such audits - section 21(1)(a) - whether disclosure could have a significant adverse effect on the Department's management functions - section 21(1)(b) - public interest - section 21(2)
Case 031100. Request for amendment of record in which the Office of the Revenue Commissioners deny ever having acted other than lawfully and within their powers in relation to the requester.
Case 030414. Request for all records relating to the dual mandate and Local Government Bill, 2003 - whether certain extracts and papers relating to the Government Decision must be withheld in accordance with sections 19(1)(a) and (b), or released in accordance with section 19(3)(a) - whether release would involve records relating to the deliberative process - section 20(1) - whether certain records are exempt by virtue of having been created or held by the Attorney General's Office -section 46(1)(b) - whether certain records are exempt on the grounds of legal professional privilege - 22(1)(a).
Case 020533. Records relating to Board's inspections of private nursing home and of Board's investigation of complaints against the home - pre-commencement records - section 6(5)(a) and (b) - legal professional privilege - section 22(1)(a) - information obtained in confidence - section 26(1)(a) & (b) - commercially sensitive information - section 27(1)(b) - prejudice to the conduct or outcome of contractual or other negotiations - section 27(1)(c) - public interest - section 27(3) - personal information - section 28(1) - public interest - section 28(5) - records relating to an examination under the Ombudsman Act, 1980 - section 46(1)(c)(iii).
Case 031001. Request for access to records dealing with the birth (in 1906) of the requester's late father and information relating to her grandmother at the time of the birth - whether release would involve a breach of confidentiality - section 26(1)(a) - whether release would involve disclosure of personal information about a deceased person - section 28(1) - whether a right of access arose under regulations made by the Minister under section 28(6) of the FOI Act (i.e. S.I. 47 of 1999)
Ms X and An Bord Pleanala - 16th Jan 2004
Case 031014. Application for review of refusal of records and refusal of statement of reasons - whether applicant had material interest in relation to a planning decision in accordance with section 18(5).
Mr X and RTE - 6th Jan 2004
Case 010102. Request for details of the salaries paid to RTE's 25 highest paid presenters for the years 1998 to 2000 - application of sections 21(1)(b), 21(1)(c), 26(1), 27(1)(b), 27(1)(c), 28(1), 31(1)(c).
Case 031015. Request for reasons for refusal by UCD to award marks claimed in respect of an examination - section 18 - adequacy of statement of reasons given - whether UCD is required to give reasons in respect of each mark claimed - whether all staff involved in the decision making process are required to give reasons for their actions.
Mr X and an Institute - 25th Nov 2003
Case Case 030406, 030407, 030408, 030409, 030438, 030439, 030440, 030523, 030581, 030582, 030650, 030651. Requests relating to grievances against the Institute - whether the applications for review or the applications to which the reviews relate are frivolous or vexatious - section 34(9)(a)(i)
Case 030714. Request for records relating to the appointment of Ms Emily O'Reilly to the position of Ombudsman/Information Commissioner - whether records have been, or were proposed to be submitted to Government for their consideration - section 19(1)(a) - whether factual information can be released - section 19(3)(a) - definition of "factual information".
Case 010367 & 010368 & 010486. Application for a review of the decision of the Department of Finance to release correspondence between the Eircom Employee Share Ownership Trust and the Department of Finance - whether correspondence seeking an amendment to legislation is given in confidence or subject to a duty of confidence - section 26(1)(a) and 26(1)(b), whether background material supplied in order to assist the understanding of a query is subject to a duty of confidence - section 26(1)(b)
Mr. X and Ennis Town Council - 4th Sep 2003
Case 030095. Request for records relating to the acquisition by a local authority of a number of properties - whether release could prejudice the local authority's negotiating position - section 21(1)(c) - public interest - section 21(2).
Case 030182 . Successful tender submission relating to the flotation of Telecom Eireann - whether information given in confidence - section 26(1)(a) - whether disclosure would constitute a breach of a duty of confidence - section 26(1)(b) - whether commercially sensitive information - section 27(1)(b) - consideration of the public interest.
Case 020561. Request for access to the medical records of the requester's late brother - whether release would involve disclosure of personal information about a deceased person - section 28(1) - whether a right of access arose under regulations made by the Minister under section 28(6) of the FOI Act (i.e. S.I. 47 of 1999)
Case 030010. Request for address of named individual - personal information - section 28(1) - reasons for the request - section 8(4) - the public interest - section 28(5)
Case 99276. Records previously furnished to requester on discovery - whether disclosure would constitute a contempt of court - section 22(1)(b) - records relating to the requester's children - school records - section 28.
Mr X and RTE - 14th May 2003
Case 020375 & 020376 & 020647 & 020648 & 020649 & 020651 & 020652. Request for records relating to an employee with RTE - whether requests are frivolous or vexatious - section 10(1)(e) - whether motive of requester is relevant in considering whether a request is frivolous or vexatious - section 8(4)
Mr X and RTE - 14th May 2003
Case 020375, 020376, 020647, 020648, 020649, 020651, 020652. Request for records relating to an employee with RTE - whether requests are frivolous or vexatious - section 10(1)(e) - whether motive of requester is relevant in considering whether a request is frivolous or vexatious - section 8(4)
Case 000282. Request for records relating to a prosecution under food hygiene legislation - whether release was prohibited by section 54(3) of the Health Act, 1947 - section 32 - whether legal professional privilege had been waived - section 22(1)(a) - whether release of the records disclosed personal information about the person named as defendant in the prosecution - section 28(1)
Case 020644. Request for records of an application in respect of grant aid under an afforestation scheme - records of application sought by third party - application of section 28 - whether records constituted personal information - application of section 26 - whether a duty of confidence is owed - application of section 27 - whether disclosure would disclose commercially sensitive information related to an affected third party.
Case 010420. Request from complainant for records relating to the investigation of his complaint of harassment - whether information in a note from an official accused of harassment created during the course of the public body's investigation was given in confidence - section 26(1)(a) and (b) - whether the note contains the personal information of the accused official - section 28(1) - whether disclosure of the note could prejudice the effectiveness of the Department's investigation or future investigations, or have a significant adverse effect on the Department's management functions - section 21(1)(a) and (b) - whether access to the note could disclose the plans procedures, etc. for the purpose of negotiations carried out by the Department before the ODEI - section 21(1)(c) - whether access to the note could prejudice or impair the investigation of offences or the systems or procedures employed - section 23(1)(a)(i) - whether access to the note could prejudice or impair the fairness of criminal proceedings in a court or tribunal - section 23(1)(a)(iv) - whether legal professional privilege attaches to internal memoranda created as part of the Department's defence of its case before the ODEI - section 22(1)(a)
Mr X and the Lucena Clinic - 4th Apr 2003
Case 010288. Request for records relating to the preparation of a report by a court-appointed Guardian ad Litem concerning the requester's son - whether release of the records to the requester was in contempt of court - section 22(1)(b) - whether records contain personal information about other parties - section 28(1) - public interest - section 28(5)
Case 010065. Request for source of complaint regarding the requester's premises - whether release could reasonably be expected to reveal or lead to the revelation of the identity of a person who has given information to a public body in confidence in relation to the enforcement or administration of the civil law or any other source of such information given in confidence - section 23(1)(b)
Case 000238. Note: The Commissioner's decision was appealed to the High Court by the Principal of Scoil Choilm. The High Court Judgement by Mr. Justice Gilligan was given on 20th May 2004. The judgement up-held the Commissioner's decision. However, the case was subsequently appealed to the Supreme Court which, by majority decision, allowed the appeal and set aside the High Court Order. Request for access to reports carried out by the Department on inspections of certain Primary schools - whether release is prohibited by section 53 of the Education Act - section 32 - whether reports contain information given in confidence - section 26 - whether release could prejudice effectiveness of examination by Department or have a significant adverse effect on the performance of the Department management functions - section 21(1)(a) and (b)
Case 020485. Application for statement of reasons as to why a public body did not short-list a candidate for interview - whether a public body is required to give a 'statement of reasons' for an 'act' occurring before the public body was prescribed for the purposes of the FOI Act -section 18
Case 020481. Request for records relating to legal proceedings to which the requester and the Department were parties - whether release could reasonably be expected to prejudice or impair the fairness of the civil proceedings - section 23(1)(a)(iv) - whether records attract legal professional privilege - section 22(1)(a).
Case 030897. Request for certain information relating to a successful tender - Whether the person giving information to a public body was informed that the information requested belonged to a class of information that would or might be made available to the general public - section 27(2)(d)
Case 000487. Request for records relating to the alleged monitoring and electronic surveillance of telecommunications messages - whether the non-disclosure of the records is authorised by any enactment - section 32(1)(b)
Ms X and A Department - 10th Feb 2003
Case 000542. Application for amendment of records containing personal information - section 17 - whether the information held on file by the Department is personal information - section 2
Case 020425. Request for reference supplied to Civil Service and Local Appointments Commissioners ("the CS&LAC") by requester's previous employer - whether equitable duty of confidence owed to supplier of an employee reference to the public body - section 26(1)(b) - public interest
Case 020538. Request for records of the Department of Social and Family Affairs concerning its position that arrears were owed to it by requester - whether internal memoranda would attract legal professional privilege - section 22(1)(a)
99183. Records relating to tender for supply of services - whether information given in confidence - section 26(1)(a) - whether disclosure would constitute a breach of an equitable duty of confidence - section 26(1)(b) - whether commercially sensitive information - section 27(1)(b) - whether names and positions of individuals involved in the tender competition qualify as personal information - section 28(1) - public interest. - 26(1)(a); 26(1)(b); 27(1)(b); 28(1)
Case 020452. Request for release of names of signatories to two HSA forms - whether release would prejudice or impair the enforcement of, compliance with or administration of relevant health and safety legislation - section 23(1)(a)(ii) - whether release would constitute the release of personal information about the signatories of the forms - section 28(1)
Mr X and RTE - 5th Dec 2002
Case 020336. Note: This decision was appealed to the High Court on a point of law. On 11 June 2004, Mr. Justice O'Caoimh gave his judgment. Request to Radio Telefis Eireann (RTE) for data collected on the amount of broadcast time allocated to each political party in the General Election Campaign of 2002 - whether the collection of such data is part of the functions of RTE falling within the remit of the FOI Act as provided for by the Schedules to S.I. 115 of 2000 - whether the records relate to the deliberative process of RTE - section 20 - whether release of the records could reasonably be expected to have a significant adverse effect on the performance by RTE of any of its functions relating to management - section 21
Case 020436. Request for access to records created during the course of an investigation - whether disclosure of information received during the course of an investigation could reasonably be expected to prejudice or impair the detection or investigation of offences - section 23(1)(a)(i) - whether name and position of an employee with a private company is personal information - section 28(1)
99013. NOTE: The South Western Area Health Board (now the Health Service Executive South Western Area) appealed aspects of this decision to the High Court. The High Court judgement of 31 May 2005 found in favour of the Board. The Commissioner has decided not to appeal the judgement to the Supreme Court. Access to records relating to requester's adoption - whether disclosure of such records prohibited by any enactment - section 32(1) - whether records disclose personal information of third party - section 28(1) - whether public interest better served by release - section 28(5)(a) - 32(1); 28(1); 28(5)(a)
Case 99013. NOTE: The South Western Area Health Board (now the Health Service Executive South Western Area) appealed aspects of this decision to the High Court. The High Court judgement of 31 May 2005 found in favour of the Board. The Commissioner has decided not to appeal the judgement to the Supreme Court. Access to records relating to requester's adoption - whether disclosure of such records prohibited by any enactment - section 32(1) - whether records disclose personal information of third party - section 28(1) - whether public interest better served by release - section 28(5)(a)
Case 020362. Amendment to marks awarded and opinions expressed by an interview board
Case 020295. Records relating to the tender process concerning the acquisition of helicopters for the Air Corps - commercially sensitive information - section 27(1)(b) - whether the name and address of an individual is personal information - section 28(1) - whether disclosure of correspondence between the Tánaiste and third parties relating to the tender competition could reasonably be expected to affect adversely the international relations of the State - section 24(1)(c)
Case 020271. Request for access to a letter purporting to have been sent to the Mid-Western Health Board by the requester - whether information contained in the letter was given in confidence - section 23(1)(b)
Case 020240. Request for records concerning an audit of an Institute of Technology carried out before the commencement of the FOI Act - whether such pre-commencement records related to personal information about the requester - section 6(5)(b) - whether release of the records could reasonably be expected to prejudice the effectiveness of audits conducted on behalf of the Institute concerned or the procedures or methods employed for the conduct thereof - section 21(1) (a) - public interest
Case 020311. Records relating to the scheme of performance related awards for posts at Assistant Secretary level in the Civil Service - whether information sought is personal information about the various Assistant Secretaries - section 2 and section 6(6)(a)
Application to have personal information contained in medical records held by Cork University Hospital amended - section 17
Case 000128. Note: The decision on this case was appealed by the requester to the High Court. The judgement on that appeal was given by the High Court on 14 January 2004. The Office of the Information Commissioner appealed Mr Justice Quirke's judgement to the Supreme Court. The Supreme Court delivered its judgment on 24 January 2006. Request for access to records relating to requester's daughter (a minor) - whether release of personal information concerning his daughter was in her best interests i.e. whether a right of access arose under regulations provided for at section 28(6) of the Freedom of Information Act - whether release of personal information in relation to third parties was in the public interest - section 28(5)(a).
Mr X and A Health Board - 7th Aug 2002
Case 99397. Request for records relating to allegations of child abuse - joint personal information - section 28(1) and SI 521 of 1998 - whether release of records would be in the best interests of a child - section 28(6) and SI 47 of 1999 - whether disclosure necessary to avoid a serious and imminent danger to the life or health of an individual - section 28(2)(e) - the public interest - section 28(5)(a)
Ms X and Fingal County Council - 23rd Jul 2002
Case 020272. Request for copy of a letter of complaint to the Council regarding the requester's property - whether release could reasonably be expected to reveal or lead to the revelation of the identity of a person who has given information to a public body in confidence in relation to the enforcement or administration of the civil law or any other source of such information given in confidence - section 23(1)(b)
Mr X and RTE - 18th Jul 2002
Case 020248. Request for access to specific salary details of public sector employee - whether excluded from definition of personal information by virtue of exclusion at (I) - section 2
Case 020227. Application for access to records - whether pre-commencement records concerning a piece of land relate to personal information about the requesters - section 6(5)(b) - whether post-commencement records relating to the land contain personal information of other parties - section 28(1) - whether public interest warrants release of that information - section 28(5).
99180. Note: This case was appealed to the High Court on a point of law but the appeal was withdrawn in August 2004. Application for access to pre-commencement records - whether records concerning a company and its directors relate to personal information about the requesters - section 6(5)(b) - whether such records covered by legal professional privilege - whether privilege waived - section 22(1)(a) - 02; 06(5)(b); 22(1)(a)
Case 020245. Records of correspondence between An Post and the Department - whether disclosure could prejudice the conduct or outcome of contractual or other negotiations of An Post - section 27(1)(c) - whether disclosure could reasonably be expected to prejudice or impair the fairness of pending civil proceedings - 23(1)(a)(iv)
Mr X and the Defence Forces - 6th Jun 2002
Case 99449. Records relating to the applicant or records where his name appears - whether personal information - section 28(1) - whether exempt on the grounds of legal professional privilege - section 22(1)(a) - whether information from An Garda Síochána given in confidence - section 26 - whether disclosure could adversely affect the security of the State - section 24(1)(a).
Case 000442. Record of two interviews held with the applicant - decision to grant access in form other than that requested- whether granting access in the manner requested would prejudice, impair or damage any interest protected by Part III or section 46 - section 12(2)(b)(iv).
Case 000321. Request for statistics on the number of warrants authorising phone and postal interceptions issued by the Minister for Justice, Equality and Law Reform since 1998 - whether non-disclosure of the records concerned is authorised by an enactment in certain circumstances and the case is one in which the head would, pursuant to the enactment, refuse to disclose the record - section 32(1)(b)
Case 99403. Records containing details of companies operating employee share schemes - whether confidential information - section 26 - whether disclosure could disclose personal information - section 28 - whether disclosure could reasonably be expected to prejudice or impair the enforcement of, compliance with or administration of any law - section 23(1)(a) - whether information is commercially sensitive - section 27(1)(b)
Case 99279. Request for records relating to the decision to participate in the Partnership for Peace (PfP) - records submitted by a Minister to the Government for its consideration - section 19(1)(a) - whether release of records relating to the deliberative processes of the Government regarding the question of participation in the PfP is contrary to the public interest - section 20(1) - whether records contain "opinions, advice, recommendations or the results of such consultations considered by either House of the Oireachtas ... for the purposes of the proceedings at a sitting of either such House.." - section 22(1)(c)(ii)(I) - whether release of such records could reasonably be expected to affect adversely international relations of the State - section 24(1)(c)
Case 99373. Request for records relating to an investigation carried out by the Revenue Commissioners at the request of the US Customs - whether information received under a specific international agreement is confidential - section 26(1)(a) - whether disclosure of the information concerned would constitute a breach of a duty of confidence - section 26(1)(b) - public interest
000028. Note: The Commissioner's decision to discontinue the review in this case was the subject of a High Court Appeal - Request for information under section 18 of the FOI Act - whether a valid section 18 request was made - whether application for review relates to a decision the Information Commissioner can review - section 34(1) - 34(9)(a)(ii)
Case 99146. Whether social work records relating to child welfare were exempt pursuant to section 22(1)(a) - legal professional privilege - and others were exempt pursuant to section 22(1)(b) - contempt of court.
Case 99151. Fee and deposit - whether information already provided to another requester free of charge - whether fee represented unfair discriminatory charging - whether fee amount appropriate - consideration of section 47(1) - consideration of fee estimate - section 47(2) - consideration of fee quantum - section 47(3) - frivolous or vexatious - consideration of section 10(1)(e).
Case 99454. Request for the findings and recommendations of the Hay Management Consultants' Report entitled" Evaluation and Market Pricing of Chief Executive Positions in Commercial State Organisations" - whether such release would disclose matter relating to the deliberative process of the Department concerning the approval of proposed increases in the remuneration of Chief Executive Officers and would be contrary to the public interest - section 20(1) - whether such release would have a significant adverse affect on the management of Government pay policy in relation to the commercial State bodies - section 21(1)(b) - whether such release could disclose the negotiating positions of the relevant Departments for the purpose of setting the salaries of the CEOS of semi-State bodies - section 21(1)(c) - public interest - section 21(2) - whether release of the information could prejudice the competitive position of the Hay Group in the conduct of its profession or business - section 27(1)(b)
Case 000391. Records of an individual's FOI request - whether details of a FOI request are personal information - whether an individual's address is personal information - section 2 - section 28
Case 000453. Access to records in the possession of the requester's former GMS General Practitioner - whether release of the records could reasonably be expected to have a serious adverse effect on the Board's performance of any its functions relating to management - section 21(1)(b) - whether direct disclosure of the records to the requester might be prejudicial to his physical or mental health, well-being or emotional condition - section 28(3)
Case 99036. Request by a former industrial school inmate for records concerning him held by industrial schools attended - request for records of late sister held by industrial schools attended by her - section 6(9) - whether relationship between Department and industrial schools based on contract for services - whether relevant records of industrial schools concerned deemed to be held by Department.
Case 99108. Request for all records relating to the requester's herd number - whether access could reasonably be expected to prejudice or impair the prevention, detection or investigation of offences, the apprehension or prosecution of offenders or the effectiveness of lawful methods, systems, plans or procedures employed for the purposes of such matters - section 23(1)(a)(i) - whether access could reasonably be expected to prejudice or impair the fairness of criminal proceedings in a court or of civil proceedings in a court - section 23(1)(a)(iv)
Case 99175. Records of assessment of children - pre-commencement records - whether records related to personal information about the requester - section 6(5)(b) - personal information - section 28 - release of personal information about minors - section 28(6) and SI 47 of 1999 - consideration of the public interest - section 28(5)(a) - manner of access to records - section 12(2)(b) - whether record would be exempt on the ground of legal professional privilege - section 22(1)(a) - whether disclosure would constitute contempt of court - section 22(1)(b) - whether access could reasonably be expected to prejudice or impair the fairness of civil proceedings - section 23(1)(a)(iv).
Case 99079. Reports of and investigations (now completed) into allegations of sexual abuse against requester - whether release would reveal identity of persons who gave information in confidence in relation to the enforcement of the Child Care Act, 1991- section 23(1)(b) and section 26 - whether personal information of third parties- section 28
Case 99557. Request for access to the agenda and minutes of the meetings of Leitrim County Council's management team - whether the provisions of section 26(1) applied to minutes of a meeting at which correspondence between two Ministers of the Government was read out - section 26(2) - whether release of name of person, with whom the Council proposed to enter negotiations regarding the purchase of lands, is personal information about that person - section 28(1) - whether identities of companies which tendered for a housing refurbishment project amount to commercially sensitive information - section 27(1)(b) - public interest - whether information relating to housing applicants is personal information about those applicants - section 28(1)
Case 99591, 99594, 99596, 99598, 99606. Names of recipients and amounts of top 10 payments under the Arable Area Aid (AAA) Scheme and the Suckler Cow Premium Scheme - whether release would result in disclosure of personal information relating to recipients - section 28(1) - consideration of the public interest - section 28(5)(a)
Case 000072. Request for amendment of ratings and remarks contained in performance reports - section 17 - standard of proof required - request for statement of reasons for ratings and remarks and for non promotion - section 18 - whether section 18 applies to acts taken before the commencement of the FOI Act.
98188. Tender-related records - records at issue including successful and unsuccessful tender documents - commercially sensitive information - sections 27(1)(b) and (c) - whether information given in confidence - section 26(1)(a) - whether disclosure would constitute a breach of an equitable duty of confidence - section 26(1)(b) - consideration of the public interest. - 27(1)(b); 27(1)(c); 26(1)(a); 26(1)(b)
Case 98188. Tender-related records - records at issue including successful and unsuccessful tender documents - commercially sensitive information - sections 27(1)(b) and (c) - whether information given in confidence - section 26(1)(a) - whether disclosure would constitute a breach of an equitable duty of confidence - section 26(1)(b) - consideration of the public interest.
Case 99580. Request for access to records relating to the Church of Scientology - whether disclosure of the existence or non-existence of records could reasonably be expected to affect adversely the international relations of the state - section 24(3) - whether release could reasonably be expected to affect adversely the international relations of the state - section 24(1)(c)
Case 000257. Request for access to the Irish response to the European Commission's reasoned opinion on the Gaming and Lotteries Act, 1956 - whether the response in question constituted a negotiation - section 21(1)(c)
99227. Information relating to the identity of persons who made allegations against the requester - whether the information was given in confidence in relation to the enforcement or administration of the civil law - section 23(1)(b) - 23(1)(b).
Case 000180. Request for access to a report on the audit of working practices in one section of the Council - whether such release would have a significant adverse effect on the performance of any of the Council's functions relating to staff management, in particular its ability to deal with workplace problems - section 21(1)(b) - public interest - section 21(2)
Case 000193. Records containing the names and work addresses of employees of the Board - whether disclosure prohibited by another enactment - section 32(1)(a) - whether personal information - section 28(1) - section 2.
Case 000365. Letter of complaint to Minister for Education and Science regarding poor working atmosphere in school - whether release of letter could reveal the identities of suppliers of information given in confidence relating to the administration of the civil law - section 23(1)(b) - whether its contents amounted to personal information relating to the signatories - whether its contents amount to personal information relating to requesters - section 28(1) - whether letter given in confidence - section 26(1)(a) - public interest.
Case 99592. Records of communications between CRH plc. and the Department of Public Enterprise - whether confidential information - section 26(1)(a) - whether disclosure could prejudice the conduct or outcome of contractual or other negotiations of CRH - section 27(1)(c)
Case 99579. Request for access to records relating to sick leave taken by members of An Garda Síochána in May/June 1998 at the time of the so-called "blue-flu" dispute - whether access to a record created during an industrial dispute, now resolved, could reasonably be expected to have a significant adverse effect on the performance of the body's industrial relations function - section 21(1)(b) - public interest - section 21(2)
Case 000093. Request for access to details of the location of fur farms in Ireland - whether the public interest would be better served by the granting of such access - section 23
Case 99270 - Mr X and the Department of Justice, Equality and Law Reform Request for a copy of a letter written by Ms Y in connection with a civil action taken in 1989 against the requester by Ms Y's father and brother - whether the letter contained information given by Ms Y to the Department in confidence - section 26(1)(a) - whether release of the letter would result in a breach of an equitable duty of confidence owed by the Department to Ms Y - section 26(1)(b) - whether the information related to financial information whose disclosure could be detrimental to Ms Y's family - section 27(1)(b) - whether the contents of the letter relate to personal information about Ms Y and her family - section 28(1) -public interest
Case 000141. Application to have two increment forms amended - section 17 - standard of proof.
Case 99173. Request to the Department of Education and Science by a teacher in a comprehensive school for personal files held on him by the Department, by the Board of Management and the school Principal - whether the Board of Management's records are under the control of the Department - section 2(5)(a) - whether there exists a contract for services between the Department and the Board of Management - section 6(9).
Case 99001. Personal information - the public interest - section 28 - consideration of section 28(2)(e) - information obtained in confidence - section 26 - contempt of court - section 22(1)(b) - the fairness of criminal or civil proceedings - section 23(1)(a)(iv).
99001. Personal information - the public interest - section 28 - consideration of section 28(2)(e) - information obtained in confidence - section 26 - contempt of court - section 22(1)(b) - the fairness of criminal or civil proceedings - section 23(1)(a)(iv). - 22(1)(b); 23(1)(a)(iv); 28(2)(e)
Case 99097. Letters containing allegations - whether information given in confidence - section 26(1)(a) - whether the public interest would be better served by granting rather than refusing access - section 26(3)
Case 99077. Records relating to the requester's admission and treatment in a psychiatric hospital - whether there was an equitable duty of confidence owed by the Board to a member of the requester's family, who gave it information concerning the requester - section 26(1)(b) - public interest - whether record containing doctor's own views about the requester contained information given to the Board in confidence - section 26(1)(a) - whether information concerning the requester's wife's current address was personal information about her - section 28(1)
Mr X and St Vincent's Hospital - 26th Jun 2001
Case 000077. Request for hospital records of deceased relative - whether Hospital was justified in refusing access on the grounds that the requester was not a member of a class specified by Regulations made by the Minister under section 28(6) of the FOI Act.
Case 99451. Request for e-mails containing discussions relating to a lack of resources within a particular section of the Department - whether disclosure would involve the disclosure of personal information relating to an official of the Department - section 28(1)
Case 99265. Request to the former Eastern Health Board for records relating to the requester's late sister - whether further records exist - section 10(1)(a) - whether the Board's decision to provide access to entries in record books by way of inspection, rather than by way of providing the photocopies requested, is in accordance with the provisions of the FOI Act - section 12(2)(a) - whether records relating to staff who attended the requester's late sister on the night of her death in Dundrum Central Mental Hospital relate to personal information about those staff - section 28(1) - 10(1)(a); 12(2)(a); 28(1).
Case 99035 Request for access to communications between the Department and Shannon Development concerning Esat Telecom - whether confidential information - section 26(1)(a) - whether information is commercially sensitive - section 27(1)(b) - whether disclosure could prejudice the conduct or outcome of negotiations - section 27(1)(c)
99230. Request for records relating to a civil action taken by an official of the Department against the Minister - whether personal information - section 28 - whether records attract legal professional privilege - section 22(1)(a). - 28; 22(1)(a).
Case 99021. Request for access to affidavits filed in a High Court case - whether such records are held by the courts and relate to proceedings in a court; whether disclosure of the record to the general public was not prohibited by the court - section 46(1)(a)(i)
99021. Request for access to affidavits filed in a High Court case - whether such records are held by the courts and relate to proceedings in a court; whether disclosure of the record to the general public was not prohibited by the court - section 46(1)(a)(i) - 46(1)(a)(i)
99199. Request for copies of "Business Trade Profiles" - whether release could reasonably be expected to prejudice the effectiveness of future Revenue audits - section 21(1)(a) - whether release could reasonably be expected to prejudice or impair the enforcement of, compliance with or administration of the tax laws - section 23(1)(a)(ii) - 21(1)(a); 23(1)(a)(ii)
Case 000041. Contents of letters of objection relating to a work permit application - whether information given in confidence - section 26(1)(a) - whether the public interest would be better served by granting rather than refusing access - section 26(3) - whether disclosure would constitute a breach of an equitable duty of confidence - section 26(1)(b)
Case 98166. Request for records relating to the future financial funding of FÁS (post-1999) and information on FÁS International held in the Tanaiste's Office or relevant liaison section - whether release of records relating to a concluded deliberative process of the Department is contrary to the public interest - section 20(1) - whether release of records would disclose positions taken for the purpose of negotiations being carried on by the Department - section 21(1)(c) - public interest - whether Department was justified in charging a fee at internal review - section 47
98166. Request for records relating to the future financial funding of FÁS (post-1999) and information on FÁS International held in the Tanaiste's Office or relevant liaison section - whether release of records relating to a concluded deliberative process of the Department is contrary to the public interest - section 20(1) - whether release of records would disclose positions taken for the purpose of negotiations being carried on by the Department - section 21(1)(c) - public interest - whether Department was justified in charging a fee at internal review - section 47 - 20(1); 21(1)(c); 21(2); 47
99212, 99213, 99214 and 99215 - Mr X and the Department of Agriculture, Food and Rural Development Request for reasons for various acts of the Department - adequacy of statement of reasons given, whether the Department is required to give reasons for every action - section 18 - 18.
Case 99125. Request for access to records of requester's attendance at a day hospital - whether records were destroyed - section 10(1)(a) - whether records of treatment by private consultant are under health board's control- section 2(5)(a) and section 6(1)
Case 99114 . Request for access to details of the sum paid by the Council to purchase Flowerhill House under a compulsory purchase order - whether disclosure could reasonably be expected to prejudice the Council's negotiating position (as well as that of other Local Authorities) - section 21(1)(c) - whether information given in confidence - section 26(1)(a) - whether personal information about the former owners - section 28 - public interest
Case 98190. Section 2 & 28 - whether names of individuals in file titles constitute personal information - Section 23(1)(c) whether revealing names of transport companies used by a public body can facilitate commission of an offence - Section 24(1) - whether access to certain file titles can reasonably be expected to affect adversely (a) the security of the State, (c) the international relations of the State, or (d) matters relating to Northern Ireland
98190. Section 2 & 28 - whether names of individuals in file titles constitute personal information - Section 23(1)(c) whether revealing names of transport companies used by a public body can facilitate commission of an offence - Section 24(1) - whether access to certain file titles can reasonably be expected to affect adversely (a) the security of the State, (c) the international relations of the State, or (d) matters relating to Northern Ireland - 02; 23(1)(a)(i); 23(1)(c); 24(1)(a); 24(1)(c); 24(1)(d); 28(1)
Case 99424. Request for statement of reasons why a Court case to which the requester was a party came to be listed for hearing on a particular date - adequacy of statement provided - section 18
Mr X and An Bord Pleanala - 18th Jan 2001
Case 99091. Request for amendment of records - whether information relates to personal information about the requester - section 28(1) - whether a right of amendment exists - section 17
Case 99452. Request for a list of all Dáil Deputies who petitioned the Department for clemency on behalf of members of the public against court penalties - whether release could reasonably be expected to prejudice or impair the enforcement of, compliance with, or administration of any law - section 23(1)(a)(ii)
Case 000459. Note: The Commissioner's decision in this case was appealed to the High Court. The High Court Judgement by Mr. Justice Quirke was given on 20th May 2003. The judgement up-held the Commissioner's decision. Request for all records relating to the applicant (a teacher) held by the Department of Education and Science - whether further records exist - section 10(1)(a)
Case 99524. Request for access to identity of a complainant to the Censorship of Publications Board (the Board) whose complaint resulted in the censorship of a publication - whether complainant provided information to the Board in confidence in relation to the enforcement or administration of the civil law - section 23(1)(b)
Case 000274. Request for access to the recommendation of the Refugee Appeals Authority on the requester's application for refugee status - whether release could reasonably be expected to prejudice the effectiveness of future investigations - section 21(1)(a) - public interest - section 21(2)
99337 Request for records relating to a specific range of payments under the Supplementary Welfare Allowance Scheme - where records do not exist but a record could be created by compiling data held by the body - would this constitute an unreasonable administrative burden - section 10(1)(c)
99232. Request for access to records relating to Y Partnership and the individual partners - whether a right of access arises to records created before the commencement of the FOI Act - section 6(5)(b) - whether records are exempt on the grounds that they attract legal professional privilege - section 22(1)(a) - whether release of records could reasonably be expected to prejudice the effectiveness of other Revenue investigations currently in progress - section 21(1)(a) - whether release of records could reasonably be expected to prejudice or impair the enforcement or, compliance with, or administration of the tax laws - section 23(1)(a)(ii) - public interest - whether records release of records could reasonably be expected to prejudice or impair the fairness of proceedings before the Appeal Commissioners - section 23(1)(a)(iv) - 06(5)(b); 21(1)(a); 22(1)(a); 23(1)(a)(ii); 23(1)(a)(iv).
Case 98197. Appeal for review of the decision of the Department of Public Enterprise to grant access to certain correspondence between the ESB and the Department concerning the ESB's role as regulator in the electricity industry - whether information given by a state company to a public body concerning the company's regulatory role can be information given in confidence - section 26(1)(a) - whether the fact that allegations have been made about a state company could prejudice competitive position or could reasonably be expected to result in a material financial loss to the state company - section 27(1)(b)
98197. Appeal for review of the decision of the Department of Public Enterprise to grant access to certain correspondence between the ESB and the Department concerning the ESB's role as regulator in the electricity industry - whether information given by a state company to a public body concerning the company's regulatory role can be information given in confidence - section 26(1)(a) - whether the fact that allegations have been made about a state company could prejudice competitive position or could reasonably be expected to result in a material financial loss to the state company - section 27(1)(b) - 26(1)(a); 27(1)(b)
Mr X and the Courts Service - 13th Dec 2000
Case 000384. Request for records relating to an application made to a District Court for a Court Order disclosing information relating to a conviction against Mr X - whether the records are official court records and exempt from release under section 46(1)(a) of the FOI Act
Mr X and A Health Board - 12th Dec 2000
99189. Request for access to medical records - whether direct release might be prejudicial to the physical or mental health, well-being or emotional condition of the requester - section 28(3). - 28(3)
Case 99570. Request for report prepared before the commencement of the FOI Act - whether access is necessary or expedient in order to understand records created after the commencement of the FOI Act - section 6(5)(a)
Case 000122. Requester posed a number of questions as to the housing policy of Galway Corporation - whether request, phrased as a series of questions is a request for specific records - whether records exist which contain the information raised in the questions - section 10(1)(a)
Case 99329. Request for access to reports held by the Department regarding a Garda Complaints Board case concerning an alleged assault on the requester's wife - whether the information in the records consisted of information provided by An Garda Síochána to the Department in confidence - section 26(1)(a) - whether release of the record could reasonably be expected to prejudice or impair the security of any system of communications, whether internal or external, of the Garda Síochána - section 23(1)(a)(viii) - whether some of the details in the records related to personal information about the alleged assailant of the requester's wife - section 28(1)
Case 99331. Request for names of owners of cattle bearing particular tag numbers - whether names of owners of animals held by public body is personal information - sections 2 and 28 - whether public interest in release where wrongdoing is alleged to have occurred
Case 99450. Request for access to records relating to the Government decision to relocate the Legal Aid Board to Cahirciveen - whether a draft memorandum for Government is a draft of a record submitted by a Minister to Government for its consideration and was created for that purpose - whether 'observations' of a Minister on a draft memorandum for Government constitute a draft of part of the material contained in the memorandum for Government - section 19(1)(a)
Case 99309. Request for a report relating to the charitable organisation, GOAL - whether the information contained therein was provided by GOAL to the Department in confidence - section 26(1)(a) - whether there was an equitable duty of confidence owed by the Department to GOAL - section 26(1)(b) - whether release of the report could result in a material financial loss to GOAL - section 27(1)(b) - public interest
Cae 99314, 99318, 99319, 99321 & 99327. Appeal by ABC Ltd of separate decisions of the Office of the Comptroller and Auditor General, the Department of Health & Children, the Department of Social Community & Family Affairs, the Department of Public Enterprise and the Eastern Health Board to grant access to invoices received from ABC Ltd - whether information in invoices is given in confidence - sections 26(1)(a) and 26(1)(b) - whether information in invoices is commercially sensitive - sections 27(1)(a), 27(1)(b) and 27(1)(c) - public interest
Case 99314, 99318, 99319, 99321 & 99327. Appeal by ABC Ltd of separate decisions of the Office of the Comptroller and Auditor General, the Department of Health & Children, the Department of Social Community & Family Affairs, the Department of Public Enterprise and the Eastern Health Board to grant access to invoices received from ABC Ltd - whether information in invoices is given in confidence - sections 26(1)(a) and 26(1)(b) - whether information in invoices is commercially sensitive - sections 27(1)(a), 27(1)(b) and 27(1)(c) - public inter
Ms X and Offaly County Council - 20th Oct 2000
Case 000005. Request for copies of records relating to applications for planning permission - whether the Act applies to such records - section 46(2)
Mr X and the Defence Forces - 18th Oct 2000
Case 99025. Request for records relating to the requester's interview in a Battalion in the FCA for a place on a Potential Officers Course - whether further records exist -section 10(1)(a)
Mr X and the Defence Forces - 18th Oct 2000
99025. Request for records relating to the requester's interview in a Battalion in the FCA for a place on a Potential Officers Course - whether further records exist -section 10(1)(a) - 10(1)(a)
98194. Request for access to the list of titles of files held in the Department of Foreign Affairs relating to the Vatican, San Marino, Liechtenstein, Israel and Andorra - whether such access can reasonably be expected to affect adversely the security of the State - section 24(1)(a) - whether such access can reasonably be expected to affect adversely the international relations of the State - section 24(1)(c) - whether such access can reasonably be expected to affect adversely matters relating to Northern Ireland - section 24(1)(d) - whether the information in the file titles is information given in confidence - section 26(1)(a) - 24(1)(a); 24(1)(c); 24(1)(d); 26(1)(a)
Case 98007. Request for access to pre-commencement records relating to the estate of a deceased third party - whether access arises to records held by the Department under section 6(5)(a) or (b) of the FOI Act - whether access arises to records held by the Department which were created by the Office of the Attorney General - section 46(1)(b) - whether access arises to records held by the Department which relate to an examination by the Ombudsman under the Ombudsman Act, 1980 - section 46(1)(c)(iii) - whether records held by the Examiner in the Land Commission are now records held by the High Court and relating to a court and thus does the FOI Act apply to such records - section 46(1)(a)
Case 98194. Request for access to the list of titles of files held in the Department of Foreign Affairs relating to the Vatican, San Marino, Liechtenstein, Israel and Andorra - whether such access can reasonably be expected to affect adversely the security of the State - section 24(1)(a) - whether such access can reasonably be expected to affect adversely the international relations of the State - section 24(1)(c) - whether such access can reasonably be expected to affect adversely matters relating to Northern Ireland - section 24(1)(d) - whether the information in the file titles is information given in confidence - section 26(1)(a)
99260. Application under section 17 to have records deleted from a personnel file - onus of proof - 17.
Case 99368. Appeal in respect of Department's decision to grant access to a record containing commercially sensitive information in the public interest of accountability of European funds - section 27(3)
Case 99368. Appeal in respect of Department's decision to grant access to a record containing commercially sensitive information in the public interest of accountability of European funds - section 27(3)
Cae 99602. Request for records relating to whether or not named individuals applied for Irish citizenship - whether the names of individuals who applied for Irish citizenship are personal information - sections 2 and 28 - public interest
Case 99379. Request to the Department of Public Enterprise for records relating to Aer Rianta's decision to support the development of a business park - whether records actually in the possession of Aer Rianta could be regarded as being under the control of the Department and could thus be deemed to be held by the Department - section 2(5)(a)
Case 98198. Objection to the release of records relating to two companies involved in poultry processing - whether disclosure of information in records prepared by staff members of the Department would amount to a breach of a duty of confidence - section 26(2) - whether information in records sent by the companies to the Department was given in confidence - section 26(1)(a) - whether the records contained commercially sensitive information - section 27(1)
98198. Objection to the release of records relating to two companies involved in poultry processing - whether disclosure of information in records prepared by staff members of the Department would amount to a breach of a duty of confidence - section 26(2) - whether information in records sent by the companies to the Department was given in confidence - section 26(1)(a) - whether the records contained commercially sensitive information - section 27(1) - 26(1)(a); 26(2); 27(1)(b); 27(1)(c)
Case 98099. Records relating to Whole School Evaluation (WSE) reports created during a pilot project- whether the Department was entitled to refuse access under section 20(1) - deliberations of public bodies - whether reports prepared by scientific or technical experts - whether release would have a significant adverse effect on the performance of functions relating to management - section 21(1)(b) - the public interest. - 20(1); 21(1)(b)
Case 98099. Records relating to Whole School Evaluation (WSE) reports created during a pilot project- whether the Department was entitled to refuse access under section 20(1) - deliberations of public bodies - whether reports prepared by scientific or technical experts - whether release would have a significant adverse effect on the performance of functions relating to management - section 21(1)(b) - the public interest.
99003. Note : This decision was appealed to the High Court by the Minister for Justice, Equality and Law Reform and by the Courts Service. The Court granted leave to the Director of Public Prosecutions to be joined in the proceedings. Judgement was delivered by Mr. Justice Finnegan on 14 March 2001. The High Court varied the Commissioner's decision and found that Mr. ACD was not entitled to access to the transcript as its disclosure to the general public is prohibited by the Court. The judgement is described briefly below. The full text of the High Court decision can be viewed by following this link. - 06(5); 12(1)(f); 46(1)(a); 46(1)(a)(i)(I); 47
Case 000065. Request for access to the results attained in each secondary school by its pupils in the Junior and Leaving Certificate examinations for 1998 and 1999 - whether release of the records was prohibited by section 32 of the FOI Act which provides for the refusal of a request for a record where non disclosure of the record is authorised by any enactment (in this case section 53 of the Education Act 1998)
Case 99003. Note : This decision was appealed to the High Court by the Minister for Justice, Equality and Law Reform and by the Courts Service. The Court granted leave to the Director of Public Prosecutions to be joined in the proceedings. Judgement was delivered by Mr. Justice Finnegan on 14 March 2001. The High Court varied the Commissioner's decision and found that Mr. ACD was not entitled to access to the transcript as its disclosure to the general public is prohibited by the Court. The judgement is described briefly below.
Case 98099. Records relating to Whole School Evaluation (WSE) reports created during a pilot project- whether the Department was entitled to refuse access under section 20(1) - deliberations of public bodies - whether reports prepared by scientific or technical experts - whether release would have a significant adverse effect on the performance of functions relating to management - section 21(1)(b) - the public interest.
Case 000101. Statement of reasons under section 18 - the giving of reasons based on information contained in an exempt record - section 46(1)(b) NB - The Information Commissioner's decision in this case was appealed to the High Court by the applicant on a point of law. On 11 May 2001 Mr. Justice McKechnie delivered his judgement which upheld the Commissioner's decision.
Case 98158. Records relating to the requester's tax affairs- whether the requester has a right of amendment - consequences of amendment - whether the right of amendment applies to pre-commencement records - onus of proof and standard of proof - meaning of the words "incomplete, incorrect or misleading" - section 17
98158. Records relating to the requester's tax affairs- whether the requester has a right of amendment - consequences of amendment - whether the right of amendment applies to pre-commencement records - onus of proof and standard of proof - meaning of the words "incomplete, incorrect or misleading" - section 17
Case 98169. Records given by board of management of a school to Department - whether access to pre-commencement record is necessary or expedient - consideration of section 6(5)(a) - whether access should be granted so as to enable the right to amend personal information to be exercised - section 17 - whether release could reasonably be expected to prejudice the effectiveness of procedures or methods employed for the conduct of investigations - consideration of section 21(1)(a) - whether release would have a significant, adverse effect on functions relating to management - consideration of section 21(1)(b) - whether information provided to Department in confidence - consideration of section 26(1)(a) - whether disclosure would constitute breach of an equitable duty of confidence - consideration of section 26(1)(b) - personal information - section 28 - consideration of the public interest.
98169. Records given by board of management of a school to Department - whether access to pre-commencement record is necessary or expedient - consideration of section 6(5)(a) - whether access should be granted so as to enable the right to amend personal information to be exercised - section 17 - whether release could reasonably be expected to prejudice the effectiveness of procedures or methods employed for the conduct of investigations - consideration of section 21(1)(a) - whether release would have a significant, adverse effect on functions relating to management - consideration of section 21(1)(b) - whether information provided to Department in confidence - consideration of section 26(1)(a) - whether disclosure would constitute breach of an equitable duty of confidence - consideration of section 26(1)(b) - personal information - section 28 - consideration of the public interest. - 06(5)(a); 17; 21(1)(a); 21(1)(b); 26(1)(a); 26(1)(b); 28; public interest
Case 98060. Records relating to the signature of the Brussels II convention on the recognition of matrimonial proceedings in EU states - records received from the Council of the European Union - whether access to such records could reasonably be expected to affect adversely the international relations of the State - section 24(1)(c) - whether Department entitled to refuse access to a memorandum to the Government - section 19(1)(a) - whether Department entitled to refuse access to memos relating to the circulation of the memorandum - section 19 - records of the Government - section 19(1)(b) - records containing factual information relating to a decision of the Government that has been published to the general public - section 19(3)
Case 98060. Records relating to the signature of the Brussels II convention on the recognition of matrimonial proceedings in EU states - records received from the Council of the European Union - whether access to such records could reasonably be expected to affect adversely the international relations of the State - section 24(1)(c) - whether Department entitled to refuse access to a memorandum to the Government - section 19(1)(a) - whether Department entitled to refuse access to memos relating to the circulation of the memorandum - section 19 - records of the Government - section 19(1)(b) - records containing factual information relating to a decision of the Government that has been published to the general public - section 19(3)
Case 98058. Records relating to the drafting of the Solicitors Amendment Bill, 1998 - whether information given in confidence - section 26(1)(a) - whether disclosure would constitute a breach of a duty of confidence - section 26(1)(b) - whether legal professional privilege applies to legal advice and other records submitted to the Department in confidence by a third party - section 22(1)(a) - records created by the Office of the Attorney General - section 46(1)(b) - records submitted to the Government - section 19(1)(a) - records of the Government - section 19(1)(b) - whether granting access to a record relating to the deliberative process would be contrary to the public interest - section 20(1)(a) - whether access to copies of published articles may be refused under section 46(2) - whether access to a pre-commencement record necessary or expedient to understand other records - section 6(5)(a)
Case 98058. Records relating to the drafting of the Solicitors Amendment Bill, 1998 - whether information given in confidence - section 26(1)(a) - whether disclosure would constitute a breach of a duty of confidence - section 26(1)(b) - whether legal professional privilege applies to legal advice and other records submitted to the Department in confidence by a third party - section 22(1)(a) - records created by the Office of the Attorney General - section 46(1)(b) - records submitted to the Government - section 19(1)(a) - records of the Government - section 19(1)(b) - whether granting access to a record relating to the deliberative process would be contrary to the public interest - section 20(1)(a) - whether access to copies of published articles may be refused under section 46(2) - whether access to a pre-commencement record necessary or expedient to understand other records - section 6(5)(a)
Case 98193. Requester sought access to the name and unique reference number of each file in the Office of Public Works excluding Personnel Division and Furniture Branch - whether decision of the Office to offer access to the records by means of photocopies of the pages falling within the terms of the request, at a cost of 3p per page, was in accordance with the terms of the FOI Act - section 47
98193. Requester sought access to the name and unique reference number of each file in the Office of Public Works excluding Personnel Division and Furniture Branch - whether decision of the Office to offer access to the records by means of photocopies of the pages falling within the terms of the request, at a cost of 3p per page, was in accordance with the terms of the FOI Act - section 47 - 47
Mr X and an Bord Pleanala - 16th May 2000
Case 99510. Application for statement of reasons for a decision taken prior to the commencement of the FOI Act - did the decision have continuing effect - section 18
98114, 98132, 98164 and 98183. Disclosure of invoices paid to telecommunications companies - section 27(1)(b) and 27(1)(c) - whether disclosure could reasonably be expected to result in a material financial loss or could prejudice competitive position - whether disclosure could prejudice the conduct or outcome of negotiations - consideration of the public interest. - 27(1)(b); 27(1)(c); public interest
Case 98114 & 98132 & 98164 & 98183. Disclosure of invoices paid to telecommunications companies - section 27(1)(b) and 27(1)(c) - whether disclosure could reasonably be expected to result in a material financial loss or could prejudice competitive position - whether disclosure could prejudice the conduct or outcome of negotiations - consideration of the public interest.
Case 99347 and 99357. Records relating to Mr ABU's late brother (Mr ABV) and the private nursing home in which he died - whether access was necessary or expedient to understand post-commencement records - section 6 - whether records contained commercially sensitive information - section 27 - the public interest
99017, 99018, 99019, 99020, 99038, 99039, 99040. Records relating to the requesters' tax affairs and section 811 of the Taxes Consolidation Act (TCA) 1997 - whether access to pre-commencement records is necessary or expedient to understand post-commencement records - section 6 - whether records relate to personal information - section 2 - legal professional privilege - section 22(1)(a) - whether access could reasonably be expected to prejudice or impair the fairness of civil proceedings in a court - section 23(1)(a)(iv). - 06; 02; 22(1)(a); 23(1)(a)(iv)
Case 99017 & 99018 & 99019 & 99020 & 99038 & 99039 & 99040. Records relating to the requesters' tax affairs and section 811 of the Taxes Consolidation Act (TCA) 1997 - whether access to pre-commencement records is necessary or expedient to understand post-commencement records - section 6 - whether records relate to personal information - section 2 - legal professional privilege - section 22(1)(a) - whether access could reasonably be expected to prejudice or impair the fairness of civil proceedings in a court - section 23(1)(a)(iv).
Report of investigator - whether information given in confidence - whether release would prejudice effectiveness of future investigations - section 21(1)(a) - whether disclosure could have significant adverse effect on functions relating to management - section 21(1)(b) - whether record was prepared by a person providing a service to the Health Board under a contract for services - section 26(2) - the public interest.
98104, 98130, 99024. NB - The Information Commissioner's decision in this case was appealed to the High Court by the Minister for Education and Science on a point of law. The judgement of the High Court was given on 31 July 2001. Mr. Justice O Caoimh concluded "that the Information Commissioner erred in law in his construction and/or application of Section 53 of the Education Act, 1998." An order was made to discharge the Information Commissioner's decision of 7 October 1999, along with an order consisting of a declaration that the Sunday Times, the Sunday Tribune and the Kerryman newspapers were not entitled to access to the records in question. The text of the High Court judgement is available by following this link [2316_492.htm] - 02; 08(4); 10(1)(c); 21(c); 21(1)(b); 28(1)
Case 98104 & 98130 & 99024. NB - The Information Commissioner's decision in this case was appealed to the High Court by the Minister for Education and Science on a point of law. The judgement of the High Court was given on 31 July 2001. Mr. Justice O Caoimh concluded "that the Information Commissioner erred in law in his construction and/or application of Section 53 of the Education Act, 1998." An order was made to discharge the Information Commissioner's decision of 7 October 1999, along with an order consisting of a declaration that the Sunday Times, the Sunday Tribune and the Kerryman newspapers were not entitled to access to the records in question.
Case 99011 Note : This decision was appealed to the High Court on a point of law. On 4 April 2001, the High Court upheld the Commissioner's decision with regard to records refused under section 22(1)(b) of the Act. The Court made no ruling in relation to the refusal of records under section 6(4) and 6(5) of the Act, pending inspection of these records by the Court. The full text of the judgement of 4 April 2001 can be viewed by following this linkOn 21 December 2001, the High Court gave its judgement in respect of the remaining records, the full text of which can be viewed by following this link
99011. Note : This decision was appealed to the High Court on a point of law. On 4 April 2001, the High Court upheld the Commissioner's decision with regard to records refused under section 22(1)(b) of the Act. The Court made no ruling in relation to the refusal of records under section 6(4) and 6(5) of the Act, pending inspection of these records by the Court. The full text of the judgement of 4 April 2001 can be viewed by following this linkOn 21 December 2001, the High Court gave its judgement in respect of the remaining records, the full text of which can be viewed by following this link - 06(5); 10(1)(e); 22(1)(a); 22(1)(b); 23(1)(a)(iv)
Case 98102. Records relating to the requesters' tax affairs - whether access could lead to the revelation of the identity of a person who has given information in confidence - section 23(1)(b) - whether access could lead to the revelation of the identity of a person who has provided information in confidence in relation to criminal law - section 46(1)(f) - legal professional privilege - section 22(1)(a) - whether access could reasonably be expected to prejudice or impair the enforcement of, compliance with or administration of any law - section 23(1)(a)(ii) - whether access could reasonably be expected to prejudice or impair the fairness of civil proceedings in a court - section 23(1)(a)(iv) - whether access could reasonably be expected to prejudice the effectiveness of Revenue audits - section 21(1)(a) - whether personal information about third parties would be disclosed - section 28 - records created by the Office of the Director of Public Prosecutions - section 46(1)(b)
Case 98102. Records relating to the requesters' tax affairs - whether access could lead to the revelation of the identity of a person who has given information in confidence - section 23(1)(b) - whether access could lead to the revelation of the identity of a person who has provided information in confidence in relation to criminal law - section 46(1)(f) - legal professional privilege - section 22(1)(a) - whether access could reasonably be expected to prejudice or impair the enforcement of, compliance with or administration of any law - section 23(1)(a)(ii) - whether access could reasonably be expected to prejudice or impair the fairness of civil proceedings in a court - section 23(1)(a)(iv) - whether access could reasonably be expected to prejudice the effectiveness of Revenue audits - section 21(1)(a) - whether personal information about third parties would be disclosed - section 28 - records created by the Office of the Director of Public Prosecutions - section 46(1)(b) - 21(1)(a); 23(1)(b); 22(1)(a); 23(1)(a)(ii); 23(1)(a)(iv); 28; 46(1)(b); 46(1)(f)
Case 99168. Details of expenses paid to members of the Houses of the Oireachtas - whether personal information about the members - application of section 28 - consideration of the public interest - section 28(5) - whether records of expense payments are official records of the Houses of the Oireachtas or private papers of the members. - 28; 28(5); public interest.
Case 98042. Names of bodies treated as charities for tax purposes - whether disclosure could reasonably be expected to prejudice or impair the enforcement of or compliance with tax law - section 23(1)(a)(ii) - information supplied in confidence - section 26(1)(a) - whether breach of equitable duty of confidence - section 26(1)(b) - whether disclosure would result in material financial loss - section 27(1)(b) - whether disclosure would prejudice contractual or other negotiations - section 27(1)(c) - consideration of public interest - personal information - application of section 28(1).
Case 98100. Commercially sensitive information - section 27(1)(b) and 27(1)(c) - information received from third parties - whether information received in confidence - section 26(1)(a) - the public
98100. Commercially sensitive information - section 27(1)(b) and 27(1)(c) - information received from third parties - whether information received in confidence - section 26(1)(a) - the public interest. - 26(1)(a); 27(1)(b); 27(1)(c); public interest
Case 98179. Record held by Department - acquired by official as member of a board of another body - whether information given in confidence - section 26(1)(a).
98179. Record held by Department - acquired by official as member of a board of another body - whether information given in confidence - section 26(1)(a). - 26(1)(a)
Case 98127. Policy papers - whether records submitted to Government are exempt - section 19 - whether records for use solely at Government meeting are exempt - section 19 - whether records were part of the deliberative process and release contrary to the public interest -section 20 - factual elements of records not exempt - whether records reveal strategy - whether access should be granted to pre-commencement records amended after commencement. - 19; 20
Case 98127. Policy papers - whether records submitted to Government are exempt - section 19 - whether records for use solely at Government meeting are exempt - section 19 - whether records were part of the deliberative process and release contrary to the public interest -section 20 - factual elements of records not exempt - whether records reveal strategy - whether access should be granted to pre-commencement records amended after commencement.
Case 98109. Note : This decision was appealed to the High Court on a point of law. On 17 December 1999, the High Court varied the Commissioner's decision and granted Mr ABI access to all records on his personnel file and awarded costs against the Department.
Case 98109. Note : This decision was appealed to the High Court on a point of law. On 17 December 1999, the High Court varied the Commissioner's decision and granted Mr ABI access to all records on his personnel file and awarded costs against the Department. - 06(6); 22(1)(a); 23
Case 98078. Records relating to the expenditure of health boards and voluntary hospitals - whether related to deliberative process - section 20(1) - whether significant adverse effect on functions relating to management - section 21(1)(b) - whether disclosure of positions to be taken in negotiations - section 21(1)(c) - whether prejudice to administration of any law - section 23(1)(a)(ii) - whether information given in confidence - section 26 - whether information commercially sensitive - section 27(1) - personal information - section 28 - whether financial interests of the State affected - section 31 - the public interest.
Case 98049, 98056, 98057. Disclosure of name of successful tenderer and price of goods offered - objection by tenderers to disclosure of prices - whether prices given in confidence - whether breach of a duty of confidence - section 26(1) - whether prices a trade secret - section 27(1)(a) - whether disclosure could prejudice competitive position - section 27(1)(b) - whether prejudice to the conduct or outcome of negotiations - section 27(1)(c) - consideration of the public interest.
Case 98049 & 98056 & 98057 . Note : The decision in this case was initially appealed to the High Court on a point of law under section 42(1) of the Act by Motor Distributors Ltd. That appeal was subsequently withdrawn and the Commissioner's decision is now final and binding on all parties.
98078. Records relating to the expenditure of health boards and voluntary hospitals - whether related to deliberative process - section 20(1) - whether significant adverse effect on functions relating to management - section 21(1)(b) - whether disclosure of positions to be taken in negotiations - section 21(1)(c) - whether prejudice to administration of any law - section 23(1)(a)(ii) - whether information given in confidence - section 26 - whether information commercially sensitive - section 27(1) - personal information - section 28 - whether financial interests of the State affected - section 31 - the public interest. - 20(1); 21(1)(b); 21(1)(c); 23(1)(a)(ii); 26; 27(1); 28; 31; public interest
98187. Records of an interview board - details of candidate's performance sought by third party - application of section 28 - consideration of the public interest test in section 28(5) - reasons for the decision under section 18. - 18; 28; 28(5)
Case 98187. Records of an interview board - details of candidate's performance sought by third party - application of section 28 - consideration of the public interest test in section 28(5) - reasons for the decision under section 18.
Case 98125 & 99056. Records of a party political nature - section 2 - whether section 13 could apply
Case 98125, 99056. Records of a party political nature - section 2 - whether section 13 could apply - 02; 13
Case 98079 & 98080. Access to pre - 21 April 1995 personnel records - application of section 6(6)(c) - whether personnel records were passed to interview board - section 10(1)(a) - whether information given in confidence - section 26 - legal professional privilege - section 22(1)(a) - refusal of third party consent to release personal information - section 28(2)(b) - record of Attorney General - section 46(1)(b).
Case 98079, 98080. Access to pre - 21 April 1995 personnel records - application of section 6(6)(c) - whether personnel records were passed to interview board - section 10(1)(a) - whether information given in confidence - section 26 - legal professional privilege - section 22(1)(a) - refusal of third party consent to release personal information - section 28(2)(b) - record of Attorney General - section 46(1)(b). - 06(6)(c); 10(1)(a); 26; 22(1)(a); 28(2)(b); 46(1)(b)
Case 98117. Access to pre-commencement record - whether necessary or expedient to understand a post-commencement record - section 6(5)(a). - 06(5)(a)
Case 98117. Access to pre-commencement record - whether necessary or expedient to understand a post-commencement record - section 6(5)(a).
Case 98082. Shortlisting board notes - whether release could reasonably be expected to have a significant adverse effect on the performance of functions in relation to recruitment - application of section 21(1)(b)
Case 98082. Shortlisting board notes - whether release could reasonably be expected to have a significant adverse effect on the performance of functions in relation to recruitment - application of section 21(1)(b) - 21(1)(b)
Case 98101. Candidate for Local Appointments Commission competition - reasons for decisions - whether "material interest" in a matter - application of section 18 - fresh questions asked after initial request.
Case 98101. Candidate for Local Appointments Commission competition - reasons for decisions - whether "material interest" in a matter - application of section 18 - fresh questions asked after initial request. - 18; 18(5)
Case 98073. Pre-commencement records - records relating to business dealings with the Department - whether records contained personal information about the requester - application of section 6(5).
Case 98073. Pre-commencement records - records relating to business dealings with the Department - whether records contained personal information about the requester - application of section 6(5).
98103. Information from anonymous informant - whether information given in confidence - sections 23(1)(b) and 26(1)(a) - whether public interest better served by release. - 23(1)(b); 26(1)(a); public interest
Case 98098. Records held by official of Department as a member of an independent board - whether records held by the Department - whether records under the control of the Department - section 2(5)(a) - whether a contract for services existed - section 6(9). - 02(5)(a); 06(9)
Case 98098 - Mr. Mark Henry and the Department of Tourism, Sport and Recreation Records held by official of Department as a member of an independent board - whether records held by the Department - whether records under the control of the Department - section 2(5)(a) - whether a contract for services existed - section 6(9).
Case 98092. Names and addresses of signatories to letter of objection - whether information given in confidence -section 26 - whether personal information - whether section 28 applied.
Case 98092. Names and addresses of signatories to letter of objection - whether information given in confidence -section 26 - whether personal information - whether section 28 applied. - 26; 28
Case 98095. Assessment form - reasons sought for individual scores awarded to the requester - pre-commencement record - whether section 18 applied. - 18
Case 98095. Assessment form - reasons sought for individual scores awarded to the requester - pre-commencement record - whether section 18 applied.
Case 98086. Investigation in progress, prosecution contemplated but not commenced - whether release would prejudice or impair the investigation or a prosecution - application of sections 21(1)(a) and 23(1)(a) - whether public interest better served by release.
Case 98086. Investigation in progress, prosecution contemplated but not commenced - whether release would prejudice or impair the investigation or a prosecution - application of sections 21(1)(a) and 23(1)(a) - whether public interest better served by release. - 1(1)(a); 23(1)(a); public interest
Case 98086. Investigation in progress, prosecution contemplated but not commenced - whether release would prejudice or impair the investigation or a prosecution - application of sections 21(1)(a) and 23(1)(a) - whether public interest better served by release. - 1(1)(a); 23(1)(a); public interest
Case 98077. Whether public interest in releasing personal information about third party - application of section 28(5) - existence of records disputed - application of section 10 - obligation to provide requester with assistance - application of section 6(2) - whether allegation made against requester by third party given in confidence - application of section 26(1)(a).
Whether public interest in releasing personal information about third party - application of section 28(5) - existence of records disputed - application of section 10 - obligation to provide requester with assistance - application of section 6(2) - whether allegation made against requester by third party given in confidence - application of section 26(1)(a). - 06(2); 10; 26(1)(a); 28(5)
Case 98084. Pre-commencement records - personal information about other individuals - whether information received in confidence - application of section 26(1)(a) - legal professional privilege - application of section 22(1)(a) - whether release would prejudice or impair the investigation of offences - application of section 23(1)(a).
Case 98084. Pre-commencement records - personal information about other individuals - whether information received in confidence - application of section 26(1)(a) - legal professional privilege - application of section 22(1)(a) - whether release would prejudice or impair the investigation of offences - application of section 23(1)(a).
Case 98041. Independent body established by order - staff of public body providing secretariat to the independent body - whether records created by secretariat are under control of public body - consideration of section 23(1)(a)(ii).
Case 98038. Pre-commencement record - section 6 - whether right of access arises.
Case 98036. Intelligence reports - whether release might adversely affect the security or defence of the State - section 24(1) - legal professional privilege - section 22(1)(a).
Case 98050. Pre-commencement records - whether access necessary or expedient to understand post-commencement records - application of section 6(5).
Case 98043. Garda report sent to the Department of Justice, Equality and Law Reform - whether information was given in confidence and on the understanding that it would be treated as confidential - whether release would prejudice the giving of similar information in future - whether it was important to the Department to receive similar information in the future - application of section 26(1)(a).
Case 98043. Garda report sent to the Department of Justice, Equality and Law Reform - whether information was given in confidence and on the understanding that it would be treated as confidential - whether release would prejudice the giving of similar information in future - whether it was important to the Department to receive similar information in the future - application of section 26(1)(a).
Case 98050. Pre-commencement records - whether access necessary or expedient to understand post-commencement records - application of section 6(5).
Case 98040. Record of government - section 19(1) - deliberations of public body - section 20(1) - opinions or advice considered by a committee of a House of the Oireachtas - section 22(1)(c)(ii)(I) - international relations of the State - section 24(1)(c).
Case 98032. Records containing allegations about requester - legal professional privilege - section 22(1)(a) - information given in confidence - section 26(1)(a) - whether public interest better served by release - section 26(3) - disclosure of identity of sources - section 46(1)(f) - application of section 13.
Case 98023. Shortlisting board notes - whether release could reasonably be expected to prejudice the effectiveness of the test - application of section 21(1)(a).
Case 98011. Legal professional privilege - section 22(1)(a) - sufficiency of search for records - section 10(1)(a) - whether records contained personal information about the requester - whether access necessary or expedient to understand records created after commencement - section 6(5)(a).
Case 98019. Pre-commencement record - whether containing personal information about the requester - application of section 6 - record held by the courts - application of section 46.
Case 98030 . Access to test booklets and answer sheets used in a competition for promotion - prejudice to the effectiveness of test - application of sections 21(1)(a) and 21(1)(b) - whether booklets subject to copyright - whether public interest better served by release - section 21(2).
Case 98075. Pre-commencement records on personnel file - definition of personal information - access to performance appraisal reports given in confidence - consideration of sections 6(5)(b), 6(6)(b) and 6(6)(c).
Case 98075. Pre-commencement records on personnel file - definition of personal information - access to performance appraisal reports given in confidence - consideration of sections 6(5)(b), 6(6)(b) and 6(6)(c).
Case 98020. Access sought to notes of an interview board - whether release would have significant adverse effect on recruitment function - application of section 21(1)(b) - whether public interest better served by release - application of section 21(2).
Case 98021. Pre-commencement records on personnel file - retired army officer - definition of personal information - access to performance appraisal reports given in confidence - consideration of sections 6(5)(b) and 6(6)(b).
Case 98017. Pre-commencement records on personnel file - consideration of section 6(6)(c) - whether the granting of access in one case would impose an excessive administrative burden having regard to other similar cases - section 10(1)(c).
Case 98026. Access to personnel records - whether the interests of the requester adversely affected - application of section 6(6)(c).
Case 98022. Access to pre-commencement records - application of section 6(5)(b) - whether information about a company is personal information about its shareholder/managing director - definition of personal information - section 2.
Case 98015. Access to records - correction of misleading record - whether a binding ruling required.
Case 98103. Information from anonymous informant - whether information given in confidence - sections 23(1)(b) and 26(1)(a) - whether public interest better served by release.
Decisions by Date - 23rd Nov 2012
Records 1 to 566 of 566
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