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
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Parties
Mr X
Applicant
Atlantic Technological University
Respondent
Procedural Posture
FOI Review / Decision on Review
Legal Issues
- 1 Whether the University was justified in refusing access to student assignments and workshop recordings under section 37(1) of the FOI Act
- 2 Whether the information could be released with anonymization or redaction
- 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
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