Mr X and Chief State Solicitor's Office (Chief State Solicitor's Office) [2024] IEIC 142895 (2 February 2024)

Mr X and Chief State Solicitor's Office (Chief State Solicitor's Office) [2024] IEIC 142895 (2 February 2024)

The applicant did not provide sufficient evidence to demonstrate, on the balance of probabilities, that the information in the record was incomplete, incorrect, or misleading. Assertions and contrary opinions, without supporting evidence, are not enough to warrant amendment under section 9 of the FOI Act.

Source-derived case information.

Citation
[2024] IEIC 142895
Parties
Applicant: Mr X; Respondent: Chief State Solicitor's Office
Jurisdiction
Ireland
Judgment Date
02 February 2024
Procedural Posture
FOI Amendment Review / Decision of Information Commissioner Following Review
Outcome
application refused; original decision affirmed
Legal Topics
Amendment of Records, Burden of Proof Under FOI, Personal Information, Standard of Proof (balance of Probabilities)
Administrative Law Freedom of Information Amendment of Records Burden of Proof Under FOI Personal Information Standard of Proof (balance of Probabilities)

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Parties

Mr X

Applicant

Chief State Solicitor's Office

Respondent

Procedural Posture

FOI Amendment Review / Decision of Information Commissioner Following Review

Legal Issues

  1. 1 Whether the CSSO was justified in refusing to amend a record under section 9 of the FOI Act concerning the applicant's suitability for promotion

Ratio Decidendi

The applicant did not provide sufficient evidence to demonstrate, on the balance of probabilities, that the information in the record was incomplete, incorrect, or misleading. Assertions and contrary opinions, without supporting evidence, are not enough to warrant amendment under section 9 of the FOI Act.

Court Disposition

application refused; original decision affirmed

Orders

  • The CSSO's decision to refuse amendment of the record is affirmed.