Mr X. and A Public Body [2011] IEIC 100204 (25 January 2011)
The applicant failed to provide sufficient evidence that the statements in the letter were incomplete, incorrect, or misleading, or that the opinions were based on a totally inadequate factual basis or affected by bias or incompetence. Therefore, the refusal to amend the record was affirmed.
- Citation
- [2011] IEIC 100204
- Parties
- Applicant: Mr X.; Respondent: A Public Body
- Jurisdiction
- Ireland
- Judgment Date
- 25 January 2011
- Procedural Posture
- FOI Review / Decision on Review Under Section 34(2) of the FOI Act
- Outcome
- Refusal affirmed
- Legal Topics
- Amendment of Records, Section 17 FOI Act, Onus of Proof, Personal Information
Case Brief
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Parties
Mr X.
Applicant
A Public Body
Respondent
Procedural Posture
FOI Review / Decision on Review Under Section 34(2) of the FOI Act
Legal Issues
- 1 Whether the refusal to amend certain details in a letter under section 17 of the FOI Act was in accordance with the Act
Ratio Decidendi
The applicant failed to provide sufficient evidence that the statements in the letter were incomplete, incorrect, or misleading, or that the opinions were based on a totally inadequate factual basis or affected by bias or incompetence. Therefore, the refusal to amend the record was affirmed.
Court Disposition
Refusal affirmed
Orders
- Refusal to amend the excerpts of the letter dated 4 December 2009 is affirmed.
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