Letter Decisions

Case 000005 - Ms X and Offaly County Council

Request for copies of records relating to applications for planning permission - whether the Act applies to such records - section 46(2)

Case 000028 - Mr Joseph Killilea and the Department of Justice, Equality & Law Reform

Note: The Commissioner's decision to discontinue the review in this case was the subject of a High Court Appeal - the judgment, issued by the High Court on 11 April 2003, is available here.

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)

Case 000065 - Mr X and the Department of Education and Science

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 000072 - Mr X and the Department of Arts, Heritage, Gaeltacht and the Islands

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.

Case 000077 - Mr X and St Vincent's Hospital
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 000078 - Mr X and the Brothers of Charity

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 000101 - Mr X and the Director of Public Prosecutions

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. The text of the High Court judgement is available here. 

Case 000103 - Ms. X and the Former Eastern Health Board

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

Case 000122 - Galway Simon Community and Galway Corporation

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 000128 - Mr. X and the Adelaide & Meath Hospital

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).

Case 000141 - Ms X and the Department of Health and Children

Application to have two increment forms amended - section 17 - standard of proof.

Case 000180 - Mr X and Dun Laoghaire-Rathdown County Council

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 - Mr X and the South Eastern Health Board

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 000238 - The Irish Times and the Department of Education and Science

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 and is available here. 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. The Supreme Court decisions are available here.

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 000257 - Mr X and the Department of Justice, Equality and Law Reform

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)

Case 000274 - Mr X and the Department of Justice, Equality and Law Reform

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)

Case 000282 - Mr X and the Western Health Board

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 000321 - The Sunday Tribune Newspaper and the Department of Justice, Equality and Law Reform

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 000384 - Mr X and the Courts Service

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

Case 000391 - Mr X and the Department of Arts, Heritage, Gaeltacht and the Islands.

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 000442 - Ms X and the Western Health Board

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 000453 - Mr X and the South Western Area Health Board

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 000459 - Mr and Ms Ryan and the Department of Education and Science

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 and is available here. 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 000487 - Mr & Mrs X and the Department of Justice, Equality & Law Reform

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)

Case 000528 - Sunday Times & North Eastern Health Board

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).

Case 000542 - Ms X and A Department

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 010065 - Mr. X and North Western Health Board

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 010072 - Mr X and the Children's University Hospital, Temple St.

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 010102 - Mr X and RTE

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 010147 - Mr X and the Department of Enterprise, Trade and Employment

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 010288 - Mr X and the Lucena Clinic

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 010310 - Mr X and a Local Authority

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 010321 - Mr. & Mrs. A and the X Health Board

Records relating to name of person who reported child abuse concerns to the Board - information given in confidence - section 23(1)(b).

Case 010367 / 010368 / 010486 - Eircom Employee Share Ownership Trust and the Department of Finance

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)

Case 010420 - Mr X and a Government Department

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)

Case 020207 - Ms X and the Department of Arts, Heritage, Gaeltacht and the Islands

Request for records relating to the designation of sites as Special Areas of Protection (SACs) for the protection of Margaritifera Margaritifera - section 30(1)(b)

Case 020220 - Mr X and the Southern Health Board

Application to have personal information contained in medical records held by Cork University Hospital amended - section 17

Case 020227 - Messrs X and Clare County Council

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).

Case 020240 - Mr X and the Department of Education and Science

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 020245 - Mr X and the Department of Public Enterprise

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)

Case 020248 - Mr X and RTE

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 020271 - Ms X and the Mid-Western Health Board

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 020272 - Ms X and Fingal County Council

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)

Case 020281 - Mr. X and the Department of Education and Science

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 020295 - Ms X and the Department of Enterprise, Trade & Employment

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 020311 - Ms X and the Department of Finance

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)

Case 020336 - Mr X and RTE

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, which may be accessed here.

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 020353 - Mr. X and the Department of Justice, Equality and Law Reform

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 020362 - Ms X and the Central Statistics Office (CSO)

Section 17 - amendment to marks awarded and opinions expressed by an interview board

Case 020425 - Dr X and Office of the Civil Service and Local Appointments Commissioners

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 020436 - Mr X and the Health & Safety Authority

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)

Case 020452 - Mr. X and the Health and Safety Authority (HSA)

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)

Case 020481 - Mr X and the Department of Justice, Equality & Law Reform

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 020485 - Mr X and University College Cork

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 020533 - Mr. X and the South Eastern Health Board

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 020538 - Mr X and the Department of Social and Family Affairs

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)

Case 020561 - Ms X and the Southern Health Board
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 020644 - Mr X and the Department of Communications, Marine and Natural Resources

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 030010 - Mr X and the Department of Social and Family Affairs
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 030023 - Mr. X and the Department of Health & Children
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 030095 - Mr. X and Ennis Town Council

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 - Case 030182 - Company X and the Department of Communications, Marine and Natural Resources

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 030361 and 030699 - Mr. X and the Department of Environment, Heritage and Local Government

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 Case 030406, 030407, 030408, 030409, 030438, 030439, 030440, 030523, 030581, 030582, 030650, 030651 - Mr X and an Institute

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 030414 - Mr X and the Department of the Environment and Local Government.

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 030421 - Mr X and the Department of Finance

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 030520 - Mr X and Naas Town Council

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 030622 - Deputy Fergus O'Dowd and the Department of Environment, Heritage and Local Government

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 030693 - Deputy Enda Kenny and the Department of Education and Science

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 030714 - Mr X and the Department of Finance

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 030759 - Dr X and the Midland Health Board

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 030830 - Parents for Justice and the National Maternity Hospital

Note:The decision in this case was appealed to the High Court.  The High Court Judgment of 30 March 2007 may be accessed here.

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 030847 - Parents for Justice and Our Lady's Hospital for Sick Children

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 030897 - Henry Ford & Son Ltd and Office of Public Works (OPW)

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 031001 - Ms. X and the National Maternity Hospital

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)

Case 031014 - Ms X and An Board Pleanala

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).

Case 031099 - Mr X and the Department of Agriculture and Food

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 031109 - Ms Madeleine Mulrennan and the Department of Education and Science

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 040004 and 040005 - Mr. X and an Institute

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 040020 - Mr. X and the Department of Health and Children

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)

Case 040031 - Mr X and the Department of Community, Rural and Gaeltacht Affairs

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 040111 - Mr. X and the Department of Environment, Heritage and Local Government

Request for review of decision to extend time-frame for decision in accordance with section 9(1)

Case 040302 - Ms. Margaret Urwin, Secretary, Justice for the Forgotten and the Department of Justice, Equality and Law Reform

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 98007 - Mr X and the Department of Agriculture and Food

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 98166 - Mr X and the Department of Enterprise, Trade and Employment

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

Case 98190 - Mr X and the Department of Foreign Affairs

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

Case 98193 - Mr X and the Office of Public Works

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

Case 98194 - Mr X and the Department of Foreign Affairs

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)

Case 98197 - Electricity Supply Board (ESB) and Department of Public Enterprise

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)

Case 98198 - ABC Ltd and DEF Ltd and the Department of Agriculture and Food

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)

Case 99013 - Ms. X and the South Western Area Health Board

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 99021 - Mr X and the Department of Justice, Equality and Law Reform

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)

Case 99025 - Mr X and the Defence Forces

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)

Case 99035 - Mr X and the Department of Enterprise, Trade & Employment

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)

Case 99077 - Mr X and the South Eastern Health Board

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)

Case 99079 - Mr X and the Western Health Board

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 99091 - Mr X and An Bord Pleanala

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 99108 - Mr X and the Department of Agriculture, Food & Rural Development

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 99114 - Meath Association An Taisce and Meath County Council

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 99125 - Mr X and the Mid-Western Health Board

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 99146 - Mr X and the Southern Health Board
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 99173 - Mr X and the Department of Education and Science

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 99180 - Messrs X and Carlow County Council

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)

Case 99183 - McKeever Rowan Solicitors and the Department of Finance

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.

Case 99189 - Mr X and A Health Board

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).

Case 99199 - Mr X and the Office of the Revenue Commissioners

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)

Case 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

Case 99230 - Mr X and the Department of Enterprise, Trade and Employment

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).

Case 99232 - Mr X (on behalf of Y Partnership) and the Revenue Commissioners

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)

Case 99260 - Dr X and the Eastern Health Board

Application under section 17 to have records deleted from a personnel file - onus of proof

Case 99265 - Mr X and the Eastern Health Board

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)

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 99276 - Mr X and the Eastern Health Board

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.

Case 99279 - The Sunday Times and the Department of Foreign Affairs

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 99309 - The Sunday Times and the Department of Foreign Affairs

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

Case 99329 - Mr X and the Department of Justice, Equality and Law Reform

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 - Mr X and Department of Agriculture, Food and Rural Development

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 99337 - Mr X and the Western Health Board

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)

Case 99368 - Mr X of ABC Organisation and the Department of Marine and Natural Resources

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 99373 - Y Ltd and the Office of the Revenue Commissioners

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

Case 99379 - Mr X and the Department of Public Enterprise

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 99397 - Mr X and A Health Board

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)

Case 99403 - Mr X and the Office of the Revenue Commissioners

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 99424 - Mr X and the Department of Justice, Equality and Law Reform

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

Case 99449 - Mr X and the Defence Forces

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 99450 - Mr X and the Department of Justice, Equality and Law Reform
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 99451 - Mr X and the Department of Enterprise, Trade and Employment

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 99452 - The Sunday Times and the Department of Justice, Equality and Law Reform

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 99454 - The Sunday Tribune and the Department of Finance

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 99510 - Mr X and an Bord Pleanala

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

Case 99524 - Mr X and the Censorship of Publications Board

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 99557 - Mr X and Leitrim County Council

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 99570 - Irish Council Against Blood Sports and the Department of Agriculture, Food and Rural Development

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 99579 - Mr X and the Department of Justice, Equality and Law Reform

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 99580 - Mr X and the Department of Foreign Affairs

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 99592 - Mr X and the Department of Public Enterprise

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 99602 - Mr X and Department of Justice, Equality and Law Reform

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 020375, 020376, 020647, 020648, 020649, 020651, 020652 - Mr X and RTE

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 99314, 99318, 99319, 99321 & 99327 - ABC Ltd and 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

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 030624 - The Sunday Times and the Office of the Revenue Commissioners

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 010459 - Mr. X and Dublin City Council

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 040333 - Mr. X and the Defence Forces

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 040143 - Mr X and the Public Body
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 000478 & 000549 - Mr. X and a former Health Board

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 040334 - Mr. X and Broadcasting Commission of Ireland (BCI)

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 040193 - Mr. & Mrs ABC and the Department of Education and Science

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 040140 - Ms X and the Health Service Executive North Eastern Area

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 020614 - Sunday Tribune and the Department of Education & Science

Note: The Department appealed this decision to the High Court. The judgment of Mr. Justice Brian McGovern was delivered on 31 July 2008 - The Minister for Education and Science -v- The Information Commissioner. 

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 040097 - The Sunday Times and the Department of Finance

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 040419 - Mr X and the Department of Justice, Equality and Law Reform

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)

Case 050287 - Ms. X and the Department of Education and Science

Decision confirming that where records requested contain a mixture of personal and non-personal information appropriate fees are payable - section 47(6A)(c).

Case 020021 - Ms X and the former Southern Health Board

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)

Case 040025 - Mr. John McCarthy and the Department of Agriculture and Food

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 010314 - Mr. X and the former South Eastern Health Board

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 050166 - Mr. Eamonn Murphy and the Industrial Development Agency (IDA)

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 050129 - Mr. X and the Health Service Executive

Request by parent for access to child's hospital records - whether release would best serve the interests of the child - section 28(6)

Case 050338 - Mr. X and the Department of Community, Rural and Gaeltacht Affairs
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 010355 - AV Niche Ltd and the Department of Justice, Equality and Law Reform

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 040275 - Mr. Martin Collins and the Department of Communications, Marine & Natural Resources

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 031018 - Mr X and the Department of the Environment, Heritage & Local Government

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 - Ms X and a former Health Board
 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 010264 - Irish Examiner and Department of Environment and Local Government

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 010221 - The Irish Times and Department of the Environment and Local Government

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 050319 - John Burns and Fáilte Ireland

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 030056 - Ms. T and the Order of Sisters of Charity of Jesus & Mary (the Order).

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 040149 - Mr X and the HSE
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 050222 - Ms X and Mr Y and a Hospital
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).
Case 050381 - X Limited c/o Y Solicitors and the Department of the Taoiseach

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).

Case 050330 - Ms. X and the HSE

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 99036 - Mr. X and the Department of Education & Science

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 040219 - Mr X and Department of the Environment, Heritage & Local Government

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

Case 060269 - Ms X and the Health Service Executive North Western Area

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 060023 - Mr X and Department of Transport

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 - Mr X and Department of the Environment, Heritage & Local Government

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 050305 - Ms. X and the Rotunda Hospital.

"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).

Case 060260 - Ms. X and the Health Insurance Authority

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 050364 - Mr X and Trinity College Dublin

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 020179 - Organisation A and the Department of Arts, Sport and Tourism

Freedom of Information and Discovery in Legal Proceedings

Case 031015 - Mr. X and University College Dublin

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.

Case 050102 - Mr. X and University College Dublin

Application for amendment of University examination results - section 17

Case 031100 - Mr. X and Office of the Revenue Commissioners
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 050259 - Ms. X and the Health Service Executive

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 - H. S. E. -v- Information Commissioner.

A parent's request for access to the records of a child.

Case 070155 - AB Solicitors and University College, Dublin (UCD)

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 000478/000549 - Mr X and the Eastern Health Board (the Board)

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 No. 000478 & 000549: Mr X and the former Eastern Health Board (the Board)

Case No. 000479: Mr X and Our Lady's Hospital for Sick Children (the Hospital)

Requests by Mr X for records of information provided to the above bodies by Ms Y as to comments made by her young daughter (Ms Z) that Ms Z had been touched inappropriately by Mr X - whether joint personal information - section 28(5B) - whether public interest warranted the breach of rights to privacy of parties other than Mr X - section 28(5)(a).

Case 000479 - Mr X & Our Lady's Hospital for Sick Children (the Hospital)

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 No. 000478 & 000549: Mr X and the former Eastern Health Board (the Board)

Case No. 000479: Mr X and Our Lady's Hospital for Sick Children (the Hospital)

 Requests by Mr X for records of information provided to the above bodies by Ms Y as to comments made by her young daughter (Ms Z) that Ms Z had been touched inappropriately by Mr X - whether joint personal information - section 28(5B) - whether public interest warranted the breach of rights to privacy of parties other than Mr X - section 28(5)(a).

Case 000093 - Ms X and Department of Agriculture and Food
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 050148 - Ms X & Rotunda Hospital ("the Hospital)

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 -

Judgment of Fennelly J; Judgment of Macken J; Judgment of Denham J.

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)