Mr & Mrs X and Irish Water (FOI Act 2014) [2017] IEIC 160442 (25 January 2017)
The records sought contain personal information relating to third parties and are exempt under section 37(1) of the FOI Act. None of the exceptions in section 37(2) apply, and the public interest in granting access does not outweigh the right to privacy. Therefore, Irish Water's refusal was justified.
Source-derived case information.
- Citation
- [2017] IEIC 160442
- Parties
- Applicant: Mr & Mrs X; Respondent: Irish Water
- Jurisdiction
- Ireland
- Judgment Date
- 25 January 2017
- Procedural Posture
- FOI Review / Decision of Information Commissioner Following Review Under Section 22(2) of the FOI Act
- Outcome
- refusal affirmed
- Legal Topics
- FOI Act 2014, Personal Information Exemption, Public Interest Test, Confidential Information
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mr & Mrs X
Applicant
Irish Water
Respondent
Procedural Posture
FOI Review / Decision of Information Commissioner Following Review Under Section 22(2) of the FOI Act
Legal Issues
- 1 Whether Irish Water was justified in refusing access to records concerning a leak at neighbours' property under sections 37 and 35 of the FOI Act
Ratio Decidendi
The records sought contain personal information relating to third parties and are exempt under section 37(1) of the FOI Act. None of the exceptions in section 37(2) apply, and the public interest in granting access does not outweigh the right to privacy. Therefore, Irish Water's refusal was justified.
Court Disposition
refusal affirmed
Orders
- Irish Water's refusal of the applicants' request is affirmed.
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