Mr R and the Defence Forces (FOI Act 2014) [2016] IEIC 160314 (24 October 2016)
The Defence Forces was justified in refusing access to the risk assessments as they had already been released to the applicant, and justified in refusing access to chemical exposure assessments as no such records exist or can be found after reasonable searches.
- Citation
- [2016] IEIC 160314
- Parties
- Applicant: Mr R; Respondent: Defence Forces
- Jurisdiction
- Ireland
- Judgment Date
- 24 October 2016
- Procedural Posture
- Freedom of Information Review / Decision of Information Commissioner Following Review
- Outcome
- request refused; decision of Defence Forces affirmed
- Legal Topics
- Access to Information, Record Management, Refusal of Records, Section 15(1)(i)(i) FOI Act, Section 15(1)(a) FOI Act
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Mr R
Applicant
Defence Forces
Respondent
Procedural Posture
Freedom of Information Review / Decision of Information Commissioner Following Review
Legal Issues
- 1 Whether the Defence Forces was justified in refusing access to risk assessments on the ground that the records had already been released
- 2 Whether the Defence Forces was justified in refusing access to chemical exposure assessments on the ground that no relevant records exist
Ratio Decidendi
The Defence Forces was justified in refusing access to the risk assessments as they had already been released to the applicant, and justified in refusing access to chemical exposure assessments as no such records exist or can be found after reasonable searches.
Court Disposition
request refused; decision of Defence Forces affirmed
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment