Mr X and Defence Forces [2020] IEIC 56630 (8 May 2020)

Mr X and Defence Forces [2020] IEIC 56630 (8 May 2020)

The applicant did not make a valid application for amendment under section 9 because the request did not specify the record concerned, the amendment required, or contain sufficient particulars to enable identification of the record, and was not expressed to be a section 9 application. The Defence Forces was justified in refusing the application under section 9(10).

Citation
[2020] IEIC 56630
Parties
Applicant: Mr X; Respondent: Defence Forces
Jurisdiction
Ireland
Judgment Date
08 May 2020
Procedural Posture
FOI Amendment Review / Decision on Review by Information Commissioner
Outcome
application refused; decision affirmed
Legal Topics
Amendment of Records, Personal Information, Procedural Compliance Under FOI Act
Administrative Law Freedom of Information Amendment of Records Personal Information Procedural Compliance Under FOI Act

Case Brief

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Parties

Mr X

Applicant

Defence Forces

Respondent

Procedural Posture

FOI Amendment Review / Decision on Review by Information Commissioner

Legal Issues

  1. 1 Whether the applicant's request for amendment of personal information complied with section 9(10) of the FOI Act
  2. 2 Whether the Defence Forces was justified in refusing the application for amendment

Ratio Decidendi

The applicant did not make a valid application for amendment under section 9 because the request did not specify the record concerned, the amendment required, or contain sufficient particulars to enable identification of the record, and was not expressed to be a section 9 application. The Defence Forces was justified in refusing the application under section 9(10).

Court Disposition

application refused; decision affirmed