Mr V and The Defence Forces (FOI Act 2014) [2016] IEIC 160138 (25 August 2016)

Mr V and The Defence Forces (FOI Act 2014) [2016] IEIC 160138 (25 August 2016)

The Defence Forces was justified in refusing access to further records as no individual risk assessments for the specified substances exist or can be found after all reasonable steps were taken; redaction of personal information was also justified under section 37(1) of the FOI Act.

Citation
[2016] IEIC 160138
Parties
Applicant: Mr V; Respondent: The Defence Forces
Jurisdiction
Ireland
Judgment Date
25 August 2016
Procedural Posture
Freedom of Information Review / Final Determination by Information Commissioner
Outcome
decision affirmed
Legal Topics
Access to Records, Risk Assessments, Personal Information Exemption, Search Obligations Under FOI

Case Brief

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Parties

Mr V

Applicant

The Defence Forces

Respondent

Procedural Posture

Freedom of Information Review / Final Determination by Information Commissioner

  1. 1 Whether the Defence Forces was justified in refusing access to further records relating to risk assessments for specified chemicals on the ground that no further records exist or can be found
  2. 2 Whether redaction of personal information from released emails was justified

Ratio Decidendi

The Defence Forces was justified in refusing access to further records as no individual risk assessments for the specified substances exist or can be found after all reasonable steps were taken; redaction of personal information was also justified under section 37(1) of the FOI Act.

Court Disposition

decision affirmed

Orders

  • Defence Forces' refusal of access to further records and redaction of personal information affirmed