Mr K and Kildare County Council (FOI Act 2014) (Kildare County Council) [2019] IEIC 180424 (21 February 2019)

Mr K and Kildare County Council (FOI Act 2014) (Kildare County Council) [2019] IEIC 180424 (21 February 2019)

The Council was justified in refusing access to additional records as all reasonable steps were taken to locate them and no further relevant records exist or can be found.

Citation
[2019] IEIC 180424
Parties
Applicant: Mr K; Respondent: Kildare County Council
Jurisdiction
Ireland
Judgment Date
21 February 2019
Procedural Posture
FOI Review / Decision on Review
Outcome
request refused
Legal Topics
Refusal of Access, Reasonable Search, Record Destruction, Records Management
Freedom of Information Refusal of Access Reasonable Search Record Destruction Records Management

Case Brief

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Parties

Mr K

Applicant

Kildare County Council

Respondent

Procedural Posture

FOI Review / Decision on Review

Legal Issues

  1. 1 Whether the Council was justified in refusing access to additional records under section 15(1)(a) of the FOI Act on the ground that no further relevant records can be found after all reasonable steps have been taken

Ratio Decidendi

The Council was justified in refusing access to additional records as all reasonable steps were taken to locate them and no further relevant records exist or can be found.

Court Disposition

request refused

Orders

  • Decision of the Council affirmed; refusal of access to further records under section 15(1)(a) of the FOI Act.