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
Legal Issues
- 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 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
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