A Company, c/o XYZ Solicitors and EirGrid (FOI 2014) [2016] IEIC 160358 (23 September 2016)

A Company, c/o XYZ Solicitors and EirGrid (FOI 2014) [2016] IEIC 160358 (23 September 2016)

EirGrid failed to comply with mandatory procedural requirements under section 38 of the FOI Act, including timely notification and clarity regarding which records were subject to public interest release, necessitating annulment of its decision.

Citation
[2016] IEIC 160358
Parties
Applicant: A Company; Respondent: EirGrid
Jurisdiction
Ireland
Judgment Date
23 September 2016
Procedural Posture
FOI Review / Final Determination by Information Commissioner
Outcome
decision annulled
Legal Topics
FOI Act Section 38 Procedure, Third Party Consultation, Public Interest Override
Administrative Law Freedom of Information FOI Act Section 38 Procedure Third Party Consultation Public Interest Override

Case Brief

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Parties

A Company

Applicant

EirGrid

Respondent

Procedural Posture

FOI Review / Final Determination by Information Commissioner

Legal Issues

  1. 1 Whether EirGrid correctly applied section 38 of the FOI Act in releasing records relating to a third party
  2. 2 Whether procedural requirements for notification and consultation under section 38 were met

Ratio Decidendi

EirGrid failed to comply with mandatory procedural requirements under section 38 of the FOI Act, including timely notification and clarity regarding which records were subject to public interest release, necessitating annulment of its decision.

Court Disposition

decision annulled

Orders

  • EirGrid must conduct a new decision-making process compliant with section 38 of the FOI Act
  • Any party may apply for review of the new decision