Mr X and Defence Forces (Defence Forces) [2021] IEIC 105064 (17 May 2021)
The applicant failed to provide sufficient supporting evidence to show, on the balance of probabilities, that the information in the performance appraisal was incomplete, incorrect, or misleading. Assertions alone are insufficient to warrant amendment under section 9 of the FOI Act.
- Citation
- [2021] IEIC 105064
- Parties
- Applicant: Mr X; Respondent: Defence Forces
- Jurisdiction
- Ireland
- Judgment Date
- 17 May 2021
- Procedural Posture
- FOI Amendment Review / Decision of Information Commissioner Following Review
- Outcome
- application for amendment refused; decision of Defence Forces affirmed
- Legal Topics
- Amendment of Records, Personal Information, Burden of Proof, Standard of Proof
Case Brief
Summary, issues, holding and outcome
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Parties
Mr X
Applicant
Defence Forces
Respondent
Procedural Posture
FOI Amendment Review / Decision of Information Commissioner Following Review
Legal Issues
- 1 Whether the Defence Forces was justified in refusing to amend information in the applicant's 2017 performance appraisal under section 9 of the FOI Act
Ratio Decidendi
The applicant failed to provide sufficient supporting evidence to show, on the balance of probabilities, that the information in the performance appraisal was incomplete, incorrect, or misleading. Assertions alone are insufficient to warrant amendment under section 9 of the FOI Act.
Court Disposition
application for amendment refused; decision of Defence Forces affirmed
Orders
- Defence Forces' refusal to amend the 2017 performance appraisal is affirmed
- Notation of the amendment application is to be attached to the applicant's personnel file
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