Mr. G and Irish Prison Service (Irish Prison Service) [2021] IEIC OIC-106183 (31 August 2021)

Mr. G and Irish Prison Service (Irish Prison Service) [2021] IEIC OIC-106183 (31 August 2021)

The report contains personal information relating to third parties and joint personal information; none of the exceptions under section 37(2) apply, and the public interest does not outweigh the right to privacy. The Irish Prison Service was justified in refusing access under section 37(1).

Citation
[2021] IEIC OIC-106183
Parties
Applicant: Mr. G; Respondent: Irish Prison Service
Jurisdiction
Ireland
Judgment Date
31 August 2021
Procedural Posture
Freedom of Information Review / Final Decision by Information Commissioner
Outcome
request refused
Legal Topics
Freedom of Information, Personal Information Exemption, Public Interest Balancing, Privacy Rights
Administrative Law Privacy Law Freedom of Information Personal Information Exemption Public Interest Balancing Privacy Rights

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Parties

Mr. G

Applicant

Irish Prison Service

Respondent

Procedural Posture

Freedom of Information Review / Final Decision by Information Commissioner

Legal Issues

  1. 1 Whether the Irish Prison Service was justified in refusing access to an investigation report under section 37(1) of the FOI Act

Ratio Decidendi

The report contains personal information relating to third parties and joint personal information; none of the exceptions under section 37(2) apply, and the public interest does not outweigh the right to privacy. The Irish Prison Service was justified in refusing access under section 37(1).

Court Disposition

request refused

Orders

  • Decision of the Irish Prison Service to refuse access to the report under section 37(1) affirmed.