Mr X and the Defence Forces (FOI Act 2014) (the Defence Forces) [2018] IEIC 170359 (19 April 2018)

Mr X and the Defence Forces (FOI Act 2014) (the Defence Forces) [2018] IEIC 170359 (19 April 2018)

The Defence Forces was justified in refusing access to certain records on the grounds that they do not exist or are exempt under sections 15(1)(a), 31(1)(a), 32(1)(a)(i), and 37 of the FOI Act, but not justified in refusing access to Record 6 under section 33, which must be released.

Citation
[2018] IEIC 170359
Parties
Applicant: Mr X; Respondent: Defence Forces
Jurisdiction
Ireland
Judgment Date
19 April 2018
Procedural Posture
FOI Review / Decision on Review by Information Commissioner
Outcome
Varied
Legal Topics
Access to Information, Exemptions Under FOI Act, Legal Professional Privilege, Law Enforcement Exemption, Personal Information Exemption, Security and Defence Exemption
Administrative Law Freedom of Information Access to Information Exemptions Under FOI Act Legal Professional Privilege Law Enforcement Exemption Personal Information Exemption Security and Defence Exemption

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Parties

Mr X

Applicant

Defence Forces

Respondent

Procedural Posture

FOI Review / Decision on Review by Information Commissioner

Legal Issues

  1. 1 Whether the Defence Forces was justified in refusing access to certain records under sections 15(1)(a), 31(1)(a), 32(1)(a)(i), 33, and 37 of the FOI Act

Ratio Decidendi

The Defence Forces was justified in refusing access to certain records on the grounds that they do not exist or are exempt under sections 15(1)(a), 31(1)(a), 32(1)(a)(i), and 37 of the FOI Act, but not justified in refusing access to Record 6 under section 33, which must be released.

Court Disposition

Varied

Orders

  • Affirmed refusal of access to certain records under sections 15(1)(a), 31(1)(a), 32(1)(a)(i), and 37 of the FOI Act.
  • Annulled refusal of access to Record 6 and directed its release.