Mr X and Defence Forces [2021] IEIC OIC-105064 (17 May 2021)

Mr X and Defence Forces [2021] IEIC OIC-105064 (17 May 2021)

The applicant failed to provide sufficient evidence to show, on the balance of probabilities, that the information in the performance appraisal was incomplete, incorrect, or misleading. Assertions alone, without supporting evidence, are insufficient to warrant amendment under section 9 of the FOI Act.

Citation
[2021] IEIC OIC-105064
Parties
Applicant: Mr X; Respondent: Defence Forces
Jurisdiction
Ireland
Judgment Date
17 May 2021
Procedural Posture
FOI Amendment Review / Decision on Review by Information Commissioner
Outcome
application refused; decision of Defence Forces affirmed
Legal Topics
Amendment of Records, Personal Information, Burden of Proof Under FOI, Standard of Proof (balance of Probabilities)
Administrative Law Freedom of Information Amendment of Records Personal Information Burden of Proof Under FOI Standard of Proof (balance of Probabilities)

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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 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 evidence to show, on the balance of probabilities, that the information in the performance appraisal was incomplete, incorrect, or misleading. Assertions alone, without supporting evidence, are insufficient to warrant amendment under section 9 of the FOI Act.

Court Disposition

application refused; decision of Defence Forces affirmed

Orders

  • Defence Forces' refusal to amend the 2017 performance appraisal is affirmed
  • Application for amendment or notation must be attached to the applicant’s personnel file