Mr X and Atlantic Technological University (Atlantic Technological University) [2023] IEIC 126018 (3 January 2023)

The University conducted reasonable searches and section 15(1)(a) applies to the request; however, lecturer's notes on the assignment are within the scope of the request and must be reconsidered in a fresh decision-making process.

Citation: [2023] IEIC 126018
Parties: Applicant: Mr X; Respondent: Atlantic Technological University
Jurisdiction: Ireland
Judgment Date: 03 January 2023
Procedural Posture: Freedom of Information Review / Decision of Information Commissioner Following Internal Review
Outcome: Varied
Legal Topics: Access to Information, Adequacy of Searches, Scope of FOI Requests, Exclusion of Records

Administrative Law Freedom of Information Access to Information Adequacy of Searches Scope of FOI Requests Exclusion of Records

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Parties

Mr X

Applicant

Atlantic Technological University

Respondent

Procedural Posture

Freedom of Information Review / Decision of Information Commissioner Following Internal Review

Legal Issues

1 Whether the University was justified in refusing access to records relating to the applicant's property and the N6 Kirwan Roundabout Upgrade under section 15(1)(a) of the FOI Act
2 Whether lecturer's notes on assignments fall within the scope of the FOI request

Ratio Decidendi

Court Disposition

Varied

Orders

University to undertake a fresh decision-making process in respect of lecturer's notes on the assignment.