Mr and Mrs X and TUSLA (FOI Act 2014) [2017] IEIC 160543 (16 May 2017)

Mr and Mrs X and TUSLA (FOI Act 2014) [2017] IEIC 160543 (16 May 2017)

TUSLA was justified in refusing access to records containing third-party personal information and records prepared for in camera court proceedings, but not justified in refusing access to records relating solely to the applicants, subject to redaction of third-party identifiers.

Source-derived case information.

Citation
[2017] IEIC 160543
Parties
Applicant: Mr and Mrs X; Respondent: TUSLA
Jurisdiction
Ireland
Judgment Date
16 May 2017
Procedural Posture
FOI Review / Final Determination
Outcome
decision varied
Legal Topics
Freedom of Information, Personal Information, Confidentiality, Contempt of Court
Administrative Law Information Law Freedom of Information Personal Information Confidentiality Contempt of Court

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Summary, issues, holding and outcome

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Parties

Mr and Mrs X

Applicant

TUSLA

Respondent

Procedural Posture

FOI Review / Final Determination

Legal Issues

  1. 1 Whether TUSLA was justified in refusing access to parts of the applicants' fostering files under sections 15, 31 and 37 of the FOI Act

Ratio Decidendi

TUSLA was justified in refusing access to records containing third-party personal information and records prepared for in camera court proceedings, but not justified in refusing access to records relating solely to the applicants, subject to redaction of third-party identifiers.

Court Disposition

decision varied

Orders

  • TUSLA to release specified records relating to applicants with redaction of third-party identifiers.
  • TUSLA's refusal of remaining records affirmed under sections 15(1)(i), 31(1)(b), 37(1) and (7) of the FOI Act.