Mr C and HSE South (FOI Act 2014) (HSE South) [2018] IEIC 180380 (22 November 2018)
The HSE was justified in refusing the request as the records sought do not exist, and there is no evidence to suggest otherwise.
- Citation
- [2018] IEIC 180380
- Parties
- Applicant: Mr C; Respondent: HSE South
- Jurisdiction
- Ireland
- Judgment Date
- 22 November 2018
- Procedural Posture
- FOI Review / Decision on Review
- Outcome
- request refused
- Legal Topics
- Refusal of Access, Non Existence of Records, CCTV Monitoring, Staff Monitoring Policy
Case Brief
Summary, issues, holding and outcome
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Parties
Mr C
Applicant
HSE South
Respondent
Procedural Posture
FOI Review / Decision on Review
Legal Issues
- 1 Whether the HSE was justified in refusing access to CCTV footage and records relating to a staff monitoring policy under section 15(1)(a) of the FOI Act on the grounds that the records sought do not exist
Ratio Decidendi
The HSE was justified in refusing the request as the records sought do not exist, and there is no evidence to suggest otherwise.
Court Disposition
request refused
Orders
- HSE's decision to refuse access to the records under section 15(1)(a) of the FOI Act is affirmed
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