Mr T and Defence Forces [2021] IEIC OIC-106795-Q5R6M6 (3 December 2021)

Defence Forces failed to comply with section 15(4) by not properly assisting the applicant to refine the already refined request and did not provide sufficient evidence that processing would cause substantial and unreasonable interference; refusal under section 15(1)(c) was unjustified.

Citation: [2021] IEIC OIC-106795-Q5R6M6
Parties: Applicant: Mr T; Respondent: Defence Forces
Jurisdiction: Ireland
Judgment Date: 03 December 2021
Procedural Posture: Freedom of Information Review / Formal Binding Decision After Internal Review and Remittal
Outcome: decision annulled
Legal Topics: FOI Refusal, Section 15(1)(c) Substantial Interference, Section 15(4) Assistance to Requester

Administrative Law Freedom of Information FOI Refusal Section 15(1)(c) Substantial Interference Section 15(4) Assistance to Requester

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Parties

Mr T

Applicant

Defence Forces

Respondent

Procedural Posture

Freedom of Information Review / Formal Binding Decision After Internal Review and Remittal

Legal Issues

1 Whether Defence Forces was justified in refusing FOI request under section 15(1)(c) due to substantial and unreasonable interference with its work
2 Whether Defence Forces complied with section 15(4) by offering assistance to refine the request

Ratio Decidendi

Court Disposition

decision annulled

Orders

Defence Forces directed to process Request B afresh using proper search based on reduced individuals and timeframe
Defence Forces to comply within five working days after expiration of four-week appeal period