Mr Q and Cork County Council [2017] IEIC 170320 (19 October 2017)

Mr Q and Cork County Council [2017] IEIC 170320 (19 October 2017)

The PRNs sought constitute personal information under section 37(1) of the FOI Act, and none of the exceptions in section 37(2) or section 37(5) apply. The public interest in granting access does not outweigh the privacy rights of the individuals concerned. Therefore, Cork County Council was justified in refusing access to the PRNs.

Citation
[2017] IEIC 170320
Parties
Applicant: Mr Q; Respondent: Cork County Council
Jurisdiction
Ireland
Judgment Date
19 October 2017
Procedural Posture
Freedom of Information Review / Final Binding Decision by Information Commissioner
Outcome
Refusal affirmed
Legal Topics
Personal Information Exemption, Public Interest Test, Planning Contributions, Record Creation Under FOI
Administrative Law Freedom of Information Personal Information Exemption Public Interest Test Planning Contributions Record Creation Under FOI

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Parties

Mr Q

Applicant

Cork County Council

Respondent

Procedural Posture

Freedom of Information Review / Final Binding Decision by Information Commissioner

Legal Issues

  1. 1 Whether Cork County Council was justified in refusing access to Planning Reference Numbers (PRNs) relating to refunds of general planning contributions under section 37 of the FOI Act

Ratio Decidendi

The PRNs sought constitute personal information under section 37(1) of the FOI Act, and none of the exceptions in section 37(2) or section 37(5) apply. The public interest in granting access does not outweigh the privacy rights of the individuals concerned. Therefore, Cork County Council was justified in refusing access to the PRNs.

Court Disposition

Refusal affirmed

Orders

  • Council's refusal to grant access to PRNs is affirmed under section 37(1) of the FOI Act.
  • Right of appeal to the High Court within four weeks on a point of law.