Mr X and the Defence Forces [2002] IEIC 99449 (6 June 2002)

Mr X and the Defence Forces [2002] IEIC 99449 (6 June 2002)

The Commissioner found that legal professional privilege applied to five records, justifying their withholding. Most records related to the applicant's personal information and were subject to release, but information about third parties was exempt unless public interest outweighed privacy, which was not the case here. Communications from An Garda Síochána were given in confidence but their disclosure would not prejudice future supply, so exemption under section 26 did not apply. The Defence Forces failed to show that disclosure would adversely affect State security under section 24. The Commissioner also found that further records either did not exist or could not be found after...

Citation
[2002] IEIC 99449
Parties
Applicant: Mr X; Respondent: Defence Forces
Jurisdiction
Ireland
Judgment Date
06 June 2002
Procedural Posture
Freedom of Information Review / Final Decision by Information Commissioner
Outcome
Varied
Legal Topics
Freedom of Information, Legal Professional Privilege, Personal Data Protection, Confidential Information, National Security
Administrative Law Information Law Freedom of Information Legal Professional Privilege Personal Data Protection Confidential Information National Security

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Parties

Mr X

Applicant

Defence Forces

Respondent

Procedural Posture

Freedom of Information Review / Final Decision by Information Commissioner

Legal Issues

  1. 1 Whether records relating to the applicant are exempt from disclosure under legal professional privilege (section 22(1)(a))
  2. 2 Whether records contain personal information about third parties exempt under section 28(1)
  3. 3 Whether information from An Garda Síochána is exempt as confidential under section 26

Ratio Decidendi

The Commissioner found that legal professional privilege applied to five records, justifying their withholding. Most records related to the applicant's personal information and were subject to release, but information about third parties was exempt unless public interest outweighed privacy, which was not the case here. Communications from An Garda Síochána were given in confidence but their disclosure would not prejudice future supply, so exemption under section 26 did not apply. The Defence Forces failed to show that disclosure would adversely affect State security under section 24. The Commissioner also found that further records either did not exist or could not be found after...

Court Disposition

Varied

Orders

  • Uphold refusal of five personnel file records under legal professional privilege.
  • Uphold refusal of Record 3 in the Intelligence file.