Mr X and the Courts Service [2000] IEIC 000384 (13 December 2000)

Mr X and the Courts Service [2000] IEIC 000384 (13 December 2000)

The records requested were created by and held by the court, related to court proceedings, and did not fall within either exception under section 46(1)(a); therefore, they are exempt from the scope of the FOI Act.

Citation
[2000] IEIC 000384
Parties
Applicant: Mr X; Respondent: Courts Service
Jurisdiction
Ireland
Judgment Date
13 December 2000
Procedural Posture
Freedom of Information Review / Decision of Information Commissioner
Outcome
request refused; decision of Courts Service affirmed
Legal Topics
FOI Act Section 46(1)(a) Exemption, Access to Court Records, Exceptions to FOI Act Applicability
Administrative Law Freedom of Information FOI Act Section 46(1)(a) Exemption Access to Court Records Exceptions to FOI Act Applicability

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Parties

Mr X

Applicant

Courts Service

Respondent

Procedural Posture

Freedom of Information Review / Decision of Information Commissioner

Legal Issues

  1. 1 Whether records relating to a District Court application for a Court Order disclosing conviction information are exempt from release under section 46(1)(a) of the FOI Act

Ratio Decidendi

The records requested were created by and held by the court, related to court proceedings, and did not fall within either exception under section 46(1)(a); therefore, they are exempt from the scope of the FOI Act.

Court Disposition

request refused; decision of Courts Service affirmed