Mr. DM & A third level college [2009] IEIC 090066 (18 December 2009)

Mr. DM & A third level college [2009] IEIC 090066 (18 December 2009)

Refusal of access to all records was not justified; only examiners' signatures, initials, and comments in records 6-9 are exempt under Section 23(1)(aa). Records 1-5 must be released in full, and redacted versions of records 6-9 must be released.

Citation
[2009] IEIC 090066
Parties
Applicant: Mr. DM; Respondent: A third level college
Jurisdiction
Ireland
Judgment Date
18 December 2009
Procedural Posture
FOI Review / Decision on Review by Information Commissioner
Outcome
varied
Legal Topics
FOI Act Section 23(1)(aa), Examination Scripts, Public Interest, Redaction of Records
Administrative Law Freedom of Information FOI Act Section 23(1)(aa) Examination Scripts Public Interest Redaction of Records

Case Brief

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Parties

Mr. DM

Applicant

A third level college

Respondent

Procedural Posture

FOI Review / Decision on Review by Information Commissioner

Legal Issues

  1. 1 Whether refusal of access to examination scripts under Section 23(1)(aa) of the FOI Act was justified
  2. 2 Whether redacted versions of records should be released

Ratio Decidendi

Refusal of access to all records was not justified; only examiners' signatures, initials, and comments in records 6-9 are exempt under Section 23(1)(aa). Records 1-5 must be released in full, and redacted versions of records 6-9 must be released.

Court Disposition

varied

Orders

  • Release records 1-5 in full to the applicant.
  • Release redacted versions of records 6-9, with examiners' signatures, initials, and comments redacted.