Mr X and Defence Forces (Defence Forces) [2022] IEIC 122814 (13 December 2022)

Mr X and Defence Forces (Defence Forces) [2022] IEIC 122814 (13 December 2022)

The Defence Forces were justified in withholding the mobile number under section 37(1) as it is personal information, but not justified in redacting army numbers, as these relate to staff positions and are excluded from the definition of personal information. Record 4, except for page 21, is exempt under section 37(7) as it contains joint personal information. Page 21 is not exempt and must be released, as the Defence Forces did not establish that its release would prejudice an ongoing investigation under section 32(1)(a).

Citation
[2022] IEIC 122814
Parties
Applicant: Mr X; Respondent: Defence Forces
Jurisdiction
Ireland
Judgment Date
13 December 2022
Procedural Posture
Freedom of Information Review / Decision of Information Commissioner Following Internal Review
Outcome
Varied
Legal Topics
Access to Information, Personal Data Exemption, Public Interest Test, Redaction of Records
Administrative Law Freedom of Information Access to Information Personal Data Exemption Public Interest Test Redaction of Records

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Mr X

Applicant

Defence Forces

Respondent

Procedural Posture

Freedom of Information Review / Decision of Information Commissioner Following Internal Review

Legal Issues

  1. 1 Whether the Defence Forces were justified in redacting information from record 2 under section 37(1) of the FOI Act
  2. 2 Whether the Defence Forces were justified in refusing access to record 4 under section 32(1)(a) and/or section 37(1) of the FOI Act

Ratio Decidendi

The Defence Forces were justified in withholding the mobile number under section 37(1) as it is personal information, but not justified in redacting army numbers, as these relate to staff positions and are excluded from the definition of personal information. Record 4, except for page 21, is exempt under section 37(7) as it contains joint personal information. Page 21 is not exempt and must be released, as the Defence Forces did not establish that its release would prejudice an ongoing investigation under section 32(1)(a).

Court Disposition

Varied

Orders

  • Release army numbers of staff members in record 2
  • Withhold mobile number in record 2