Mr B and Tusla (Tusla) [2022] IEIC OIC-120030 (10 June 2022)

Mr B and Tusla (Tusla) [2022] IEIC OIC-120030 (10 June 2022)

Tusla was justified in refusing access to information relating to third parties under sections 37(1) and 37(7) as the information constituted personal information of individuals other than the applicant, and no exception under sections 37(2) or 37(5) applied. However, the decision regarding information relating to the applicant's son was annulled and remitted for reconsideration under section 37(8) and the relevant regulations.

Citation
[2022] IEIC OIC-120030
Parties
Applicant: Mr B; Respondent: Tusla
Jurisdiction
Ireland
Judgment Date
10 June 2022
Procedural Posture
FOI Appeal / Decision of Information Commissioner Following Internal Review
Outcome
Varied and remitted in part
Legal Topics
FOI Act Section 37, Personal Information, Public Interest Test, Parental Access to Minor's Records
Freedom of Information Administrative Law Privacy Law FOI Act Section 37 Personal Information Public Interest Test Parental Access to Minor's Records

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Mr B

Applicant

Tusla

Respondent

Procedural Posture

FOI Appeal / Decision of Information Commissioner Following Internal Review

Legal Issues

  1. 1 Whether Tusla was justified in refusing access to parts of a meeting attendance note under sections 37(1) and 37(7) of the FOI Act
  2. 2 Whether any exceptions under section 37(2), 37(5), or 37(8) applied

Ratio Decidendi

Tusla was justified in refusing access to information relating to third parties under sections 37(1) and 37(7) as the information constituted personal information of individuals other than the applicant, and no exception under sections 37(2) or 37(5) applied. However, the decision regarding information relating to the applicant's son was annulled and remitted for reconsideration under section 37(8) and the relevant regulations.

Court Disposition

Varied and remitted in part

Orders

  • Affirmed Tusla's refusal of access to information relating to third parties under sections 37(1) and 37(7).
  • Annulled Tusla's refusal of access to information relating to the applicant's son and remitted for fresh decision under section 37(8) and the Regulations.