Mr A, c/o B Solicitors and Galway County Council [2013] IEIC 120244 (9 April 2013)

Mr A, c/o B Solicitors and Galway County Council [2013] IEIC 120244 (9 April 2013)

All requirements of section 23(1)(b) were met: disclosure would reveal the complainant's identity, information was given in confidence, and related to enforcement of civil law. No public interest override under section 23(3) applied. Council was justified in refusing access.

Source-derived case information.

Citation
[2013] IEIC 120244
Parties
Applicant: Mr A; Respondent: Galway County Council
Jurisdiction
Ireland
Judgment Date
09 April 2013
Procedural Posture
Freedom of Information Review / Final Decision by Information Commissioner
Outcome
request refused; Council's decision affirmed
Legal Topics
Freedom of Information, Confidentiality of Complainants, Planning Enforcement
Administrative Law Information Law Freedom of Information Confidentiality of Complainants Planning Enforcement

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Summary, issues, holding and outcome

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Parties

Mr A

Applicant

Galway County Council

Respondent

Procedural Posture

Freedom of Information Review / Final Decision by Information Commissioner

Legal Issues

  1. 1 Whether the Council was justified in refusing access to the name of a complainant under section 23(1)(b) of the FOI Act

Ratio Decidendi

All requirements of section 23(1)(b) were met: disclosure would reveal the complainant's identity, information was given in confidence, and related to enforcement of civil law. No public interest override under section 23(3) applied. Council was justified in refusing access.

Court Disposition

request refused; Council's decision affirmed

Orders

  • Council's refusal to disclose the complainant's identity is affirmed under section 23(1)(b) of the FOI Act