Mr T and Defence Forces [2020] IEIC 58250 (1 December 2020)

Mr T and Defence Forces [2020] IEIC 58250 (1 December 2020)

Defence Forces did not take all reasonable steps to locate relevant records, as reliance on precise search terms may have excluded records pertaining to applicant's matters; refusal under section 15(1)(a) was unjustified.

Citation
[2020] IEIC 58250
Parties
Applicant: Mr T; Respondent: Defence Forces
Jurisdiction
Ireland
Judgment Date
01 December 2020
Procedural Posture
Freedom of Information Review / Final Decision by Information Commissioner
Outcome
Decision annulled; Defence Forces directed to reconsider request and make fresh decision.
Legal Topics
FOI Refusal, Record Search Obligations, Section 15(1)(a) FOI Act
Administrative Law Freedom of Information FOI Refusal Record Search Obligations Section 15(1)(a) FOI Act

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Parties

Mr T

Applicant

Defence Forces

Respondent

Procedural Posture

Freedom of Information Review / Final Decision by Information Commissioner

Legal Issues

  1. 1 Whether Defence Forces took all reasonable steps to locate records under section 15(1)(a) of the FOI Act
  2. 2 Whether refusal of access to further records was justified

Ratio Decidendi

Defence Forces did not take all reasonable steps to locate relevant records, as reliance on precise search terms may have excluded records pertaining to applicant's matters; refusal under section 15(1)(a) was unjustified.

Court Disposition

Decision annulled; Defence Forces directed to reconsider request and make fresh decision.

Orders

  • Defence Forces to conduct fresh decision-making process on applicant's request.
  • Applicant entitled to internal review and further review if dissatisfied.