Mr PG c/o AB Solicitors and Fingal County Council [2021] IEIC 62714 (3 February 2021)

Mr PG c/o AB Solicitors and Fingal County Council [2021] IEIC 62714 (3 February 2021)

The Council failed to demonstrate how release of the records could reasonably be expected to prejudice or impair the fairness of contemplated proceedings. A blanket refusal without record-specific analysis is not justified under section 32(1)(a)(iv). Section 37(1) applies only to specific personal information of third parties, which must be redacted.

Citation
[2021] IEIC 62714
Parties
Applicant: Mr PG; Respondent: Fingal County Council
Jurisdiction
Ireland
Judgment Date
03 February 2021
Procedural Posture
Freedom of Information Review / Decision of Information Commissioner Following Internal Review
Outcome
Council's refusal annulled; partial release ordered
Legal Topics
FOI Refusal, Section 32(1)(a)(iv) Prejudice to Fairness of Proceedings, Section 37 Personal Information Exemption
Administrative Law Freedom of Information FOI Refusal Section 32(1)(a)(iv) Prejudice to Fairness of Proceedings Section 37 Personal Information Exemption

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Parties

Mr PG

Applicant

Fingal County Council

Respondent

Procedural Posture

Freedom of Information Review / Decision of Information Commissioner Following Internal Review

Legal Issues

  1. 1 Whether section 32(1)(a)(iv) of the FOI Act justified refusal of access to records on grounds of prejudice to fairness of proceedings
  2. 2 Whether section 37(1) of the FOI Act required refusal of access to personal information of third parties

Ratio Decidendi

The Council failed to demonstrate how release of the records could reasonably be expected to prejudice or impair the fairness of contemplated proceedings. A blanket refusal without record-specific analysis is not justified under section 32(1)(a)(iv). Section 37(1) applies only to specific personal information of third parties, which must be redacted.

Court Disposition

Council's refusal annulled; partial release ordered

Orders

  • Release all records within scope except for personal information of third parties as specified, which must be redacted under section 37(1)