Mr X and Atlantic Technological University (Atlantic Technological University) [2022] IEIC 126022 (22 December 2022)

Mr X and Atlantic Technological University (Atlantic Technological University) [2022] IEIC 126022 (22 December 2022)

The records sought are personal information of students provided for educational assessment, and their release would constitute an unjustified breach of privacy under section 37(1) of the FOI Act. No sufficiently specific public interest was identified to outweigh the privacy rights of the students. The University's refusal was justified.

Citation
[2022] IEIC 126022
Parties
Applicant: Mr X; Respondent: Atlantic Technological University
Jurisdiction
Ireland
Judgment Date
22 December 2022
Procedural Posture
FOI Review / Decision on Review
Outcome
request refused; decision affirmed
Legal Topics
FOI Exemptions, Personal Information, Student Privacy, Public Interest Test

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Mr X

Applicant

Atlantic Technological University

Respondent

Procedural Posture

FOI Review / Decision on Review

  1. 1 Whether the University was justified in refusing access to student assignments and workshop recordings under section 37(1) of the FOI Act
  2. 2 Whether the information could be released with anonymization or redaction
  3. 3 Whether the public interest in disclosure outweighs the privacy rights of students

Ratio Decidendi

The records sought are personal information of students provided for educational assessment, and their release would constitute an unjustified breach of privacy under section 37(1) of the FOI Act. No sufficiently specific public interest was identified to outweigh the privacy rights of the students. The University's refusal was justified.

Court Disposition

request refused; decision affirmed