Mr N and University College Cork (FOI Act 2014) [2017] IEIC 170075 (26 April 2017)

UCC failed to identify or search for relevant records and did not justify refusal under the cited exemptions; blanket refusal without record identification is not compliant with the FOI Act.

Citation: [2017] IEIC 170075
Parties: Applicant: Mr N; Respondent: University College Cork
Jurisdiction: Ireland
Judgment Date: 26 April 2017
Procedural Posture: Freedom of Information Review / Decision on Review
Outcome: UCC's decision annulled; fresh decision-making process directed
Legal Topics: FOI Refusal, Public Access to Records, Statutory Interpretation

Administrative Law Freedom of Information FOI Refusal Public Access to Records Statutory Interpretation

Case Brief

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Parties

Mr N

Applicant

University College Cork

Respondent

Procedural Posture

Freedom of Information Review / Decision on Review

Legal Issues

1 Whether UCC was justified in refusing access to records relating to legal costs under sections 31(1)(a), 35(1)(b), and 37(1) of the FOI Act 2014

Ratio Decidendi

UCC failed to identify or search for relevant records and did not justify refusal under the cited exemptions; blanket refusal without record identification is not compliant with the FOI Act.

Court Disposition

UCC's decision annulled; fresh decision-making process directed

Orders

UCC to conduct a new decision-making process on the applicant's FOI request