Mr ACB c/o Solicitors and a Service Provider [2009] IEIC 080025 (6 October 2009)

Mr ACB c/o Solicitors and a Service Provider [2009] IEIC 080025 (6 October 2009)

The Service Provider was justified in refusing access to some records under sections 22 (legal professional privilege) and 28 (personal information) of the FOI Act, but not justified in refusing access to certain other records or parts of records under section 21 (investigations/management functions). The public interest in transparency and oversight warranted partial release of some records, with redactions to protect third-party personal information. The decision of the Service Provider was varied to direct release of specified records and affirmed in respect of the remainder.

Citation
[2009] IEIC 080025
Parties
Applicant: Mr ACB; Respondent: Service Provider
Jurisdiction
Ireland
Judgment Date
06 October 2009
Procedural Posture
Freedom of Information Review / Decision of the Information Commissioner Following Review
Outcome
Varied and affirmed in part
Legal Topics
Freedom of Information, Access to Records, Legal Professional Privilege, Personal Information Exemption, Public Interest Test, Pre Commencement Records
Administrative Law Information Law Freedom of Information Access to Records Legal Professional Privilege Personal Information Exemption Public Interest Test Pre Commencement Records

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Parties

Mr ACB

Applicant

Service Provider

Respondent

Procedural Posture

Freedom of Information Review / Decision of the Information Commissioner Following Review

Legal Issues

  1. 1 Whether the Service Provider was justified in refusing access to records under sections 21, 22, and 28 of the FOI Act
  2. 2 Whether pre-commencement records should be released under section 6(5)
  3. 3 Whether legal professional privilege applies to certain records

Ratio Decidendi

The Service Provider was justified in refusing access to some records under sections 22 (legal professional privilege) and 28 (personal information) of the FOI Act, but not justified in refusing access to certain other records or parts of records under section 21 (investigations/management functions). The public interest in transparency and oversight warranted partial release of some records, with redactions to protect third-party personal information. The decision of the Service Provider was varied to direct release of specified records and affirmed in respect of the remainder.

Court Disposition

Varied and affirmed in part

Orders

  • Service Provider directed to release specified records as detailed in Appendix 1, with redactions for exempt personal information under section 28.
  • Decision to withhold other records affirmed.