Mr X, Ms Y & Ms Z and Enterprise Ireland (FOI Act 2014) (Enterprise Ireland) [2019] IEIC 180389 (17 April 2019)

Mr X, Ms Y & Ms Z and Enterprise Ireland (FOI Act 2014) (Enterprise Ireland) [2019] IEIC 180389 (17 April 2019)

The withheld records contain personal information as defined by section 2 of the FOI Act, and disclosure would breach the privacy rights of identifiable individuals. The public interest in granting access does not outweigh the public interest in upholding privacy. Partial access is not practicable or would be misleading. EI's refusal under section 37 is justified. However, EI did not adequately justify its refusal regarding further records, so a fresh decision is required on that aspect.

Citation
[2019] IEIC 180389
Parties
Applicants: Mr X, Ms Y & Ms Z; Respondent: Enterprise Ireland
Jurisdiction
Ireland
Judgment Date
17 April 2019
Procedural Posture
FOI Appeal / Decision of Information Commissioner Following Review
Outcome
Refusal of access to specified records affirmed; requirement for fresh decision on further records
Legal Topics
FOI Exemptions, Personal Information, Public Interest Balancing, Records Search Obligations
Administrative Law Freedom of Information FOI Exemptions Personal Information Public Interest Balancing Records Search Obligations

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Parties

Mr X, Ms Y & Ms Z

Applicants

Enterprise Ireland

Respondent

Procedural Posture

FOI Appeal / Decision of Information Commissioner Following Review

Legal Issues

  1. 1 Whether refusal of access to records concerning EI's 2017 Staff Survey is justified under sections 30, 35, or 37 of the FOI Act 2014
  2. 2 Whether further records should have been identified and released

Ratio Decidendi

The withheld records contain personal information as defined by section 2 of the FOI Act, and disclosure would breach the privacy rights of identifiable individuals. The public interest in granting access does not outweigh the public interest in upholding privacy. Partial access is not practicable or would be misleading. EI's refusal under section 37 is justified. However, EI did not adequately justify its refusal regarding further records, so a fresh decision is required on that aspect.

Court Disposition

Refusal of access to specified records affirmed; requirement for fresh decision on further records

Orders

  • Refusal of access to records 1a, 1b, 1c, 1m, 2a to 2j, 2l to 2m and 2x affirmed under section 37 of the FOI Act
  • Annulment of EI's effective application of section 15(1)(a) regarding further records; EI to make a fresh decision on that part of the request