Mr R and Galway County Council (FOI Act 2014) (Galway County Council) [2017] IEIC 170165 (31 October 2017)

Mr R and Galway County Council (FOI Act 2014) (Galway County Council) [2017] IEIC 170165 (31 October 2017)

The Council was justified in granting access as the applicant failed to demonstrate that release would cause harm under sections 36(1)(b) or 36(1)(c), and while section 37(1) applied, the public interest in openness and accountability outweighed privacy concerns.

Source-derived case information.

Citation
[2017] IEIC 170165
Parties
Applicant: Mr R; Respondent: Galway County Council
Jurisdiction
Ireland
Judgment Date
31 October 2017
Procedural Posture
Freedom of Information Review / Final Binding Decision
Outcome
decision affirmed
Legal Topics
FOI Act 2014, Planning Enforcement, Personal Information, Commercial Sensitivity
Administrative Law Freedom of Information FOI Act 2014 Planning Enforcement Personal Information Commercial Sensitivity

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Parties

Mr R

Applicant

Galway County Council

Respondent

Procedural Posture

Freedom of Information Review / Final Binding Decision

Legal Issues

  1. 1 Whether the Council was justified in granting access to a letter from the applicant's solicitors under section 38 of the FOI Act
  2. 2 Applicability of sections 36(1)(b), 36(1)(c), and 37(1) of the FOI Act to the record

Ratio Decidendi

The Council was justified in granting access as the applicant failed to demonstrate that release would cause harm under sections 36(1)(b) or 36(1)(c), and while section 37(1) applied, the public interest in openness and accountability outweighed privacy concerns.

Court Disposition

decision affirmed

Orders

  • Council's decision to grant access to the record is affirmed