Mr X. and A Public Body [2011] IEIC 100204 (25 January 2011)

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

  1. 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.