Mr D and Tusla [2015] IEIC 140300 (29 July 2015)

Mr D and Tusla [2015] IEIC 140300 (29 July 2015)

The Agency was justified in refusing access to the records as they contained personal information of third parties and joint personal information, and none of the exceptions or public interest overrides in section 28 of the FOI Act applied. The privacy rights of the individuals concerned outweighed the public interest in disclosure.

Citation
[2015] IEIC 140300
Parties
Applicant: Mr D; Respondent: Tusla
Jurisdiction
Ireland
Judgment Date
29 July 2015
Procedural Posture
FOI Review / Decision of Information Commissioner Following Internal Review
Outcome
refusal affirmed
Legal Topics
Access to Personal Records, Exemptions for Personal Information, Public Interest Test, Joint Personal Information, Rights of Minors Under FOI
Freedom of Information Data Protection Access to Personal Records Exemptions for Personal Information Public Interest Test Joint Personal Information Rights of Minors Under FOI

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Parties

Mr D

Applicant

Tusla

Respondent

Procedural Posture

FOI Review / Decision of Information Commissioner Following Internal Review

Legal Issues

  1. 1 Whether the Agency was justified in refusing access to records relating to the applicant under section 28 of the FOI Act
  2. 2 Whether joint personal information can be disclosed to the applicant
  3. 3 Whether public interest outweighs privacy rights in this context

Ratio Decidendi

The Agency was justified in refusing access to the records as they contained personal information of third parties and joint personal information, and none of the exceptions or public interest overrides in section 28 of the FOI Act applied. The privacy rights of the individuals concerned outweighed the public interest in disclosure.

Court Disposition

refusal affirmed

Orders

  • The decision of the Agency to refuse access to the records at issue is affirmed.