Mr X and Cavan County Council (Cavan County Council) [2022] IEIC 116823 (1 November 2022)

Mr X and Cavan County Council (Cavan County Council) [2022] IEIC 116823 (1 November 2022)

Section 36(1)(b) applies to invoices and correspondence with contractors still trading, but public interest in transparency outweighs the exemption for invoices; associated correspondence with trading contractors remains exempt. Section 37(1) does not apply to names, contact details, and role titles of Council employees as these are excluded from the definition of personal information. Invoices and correspondence with the ceased trading contractor (excluding personal contact details) must be released.

Citation
[2022] IEIC 116823
Parties
Applicant: Mr X; Respondent: Cavan County Council
Jurisdiction
Ireland
Judgment Date
01 November 2022
Procedural Posture
FOI Review / Decision on Review by Information Commissioner
Outcome
partially allowed
Legal Topics
FOI Exemptions, Commercial Sensitivity, Public Interest, Personal Information, Public Procurement Transparency
Freedom of Information Administrative Law FOI Exemptions Commercial Sensitivity Public Interest Personal Information Public Procurement Transparency

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Parties

Mr X

Applicant

Cavan County Council

Respondent

Procedural Posture

FOI Review / Decision on Review by Information Commissioner

Legal Issues

  1. 1 Whether the Council was justified in refusing access to invoices and associated correspondence under sections 36(1)(b)/(c) and 37(1) of the FOI Act

Ratio Decidendi

Section 36(1)(b) applies to invoices and correspondence with contractors still trading, but public interest in transparency outweighs the exemption for invoices; associated correspondence with trading contractors remains exempt. Section 37(1) does not apply to names, contact details, and role titles of Council employees as these are excluded from the definition of personal information. Invoices and correspondence with the ceased trading contractor (excluding personal contact details) must be released.

Court Disposition

partially allowed

Orders

  • Release invoices submitted to the Council by contractors in quarter four of 2016.
  • Release associated correspondence with the contractor that has ceased trading, excluding names, mobile phone numbers, and contact details of employees of that contractor.