Mr Q and RTE [2020] IEIC 94947 (10 December 2020)

Mr Q and RTE [2020] IEIC 94947 (10 December 2020)

Disclosure of existence or non-existence of relevant records would constitute a breach of confidence under section 35(1); RTÉ was justified in refusing to confirm or deny existence of records under section 35(4).

Source-derived case information.

Citation
[2020] IEIC 94947
Parties
Applicant: Mr Q; Respondent: RTÉ
Jurisdiction
Ireland
Judgment Date
10 December 2020
Procedural Posture
Freedom of Information Review / Final Decision by Information Commissioner
Outcome
decision affirmed
Legal Topics
Refusal to Confirm or Deny Existence of Records, Commercial Confidentiality, Public Interest
Freedom of Information Confidentiality Refusal to Confirm or Deny Existence of Records Commercial Confidentiality Public Interest

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Parties

Mr Q

Applicant

RTÉ

Respondent

Procedural Posture

Freedom of Information Review / Final Decision by Information Commissioner

Legal Issues

  1. 1 Whether RTÉ was justified in refusing to confirm the existence or non-existence of records under section 35(4) of the FOI Act

Ratio Decidendi

Disclosure of existence or non-existence of relevant records would constitute a breach of confidence under section 35(1); RTÉ was justified in refusing to confirm or deny existence of records under section 35(4).

Court Disposition

decision affirmed

Orders

  • RTÉ's refusal to disclose existence or non-existence of records under section 35(4) of the FOI Act is affirmed