Mr X and the Defence Forces [2014] IEIC 130257 (12 December 2014)

Mr X and the Defence Forces [2014] IEIC 130257 (12 December 2014)

On balance of probabilities, not all staff were formally interviewed for the Report; the statement that all serving MTDs were interviewed is misleading or incorrect. Other statements are opinions of the authors and applicant failed to provide sufficient independent evidence to warrant amendment.

Citation
[2014] IEIC 130257
Parties
Applicant: Mr X; Respondent: Defence Forces
Jurisdiction
Ireland
Judgment Date
12 December 2014
Procedural Posture
FOI Amendment Review / Final Binding Decision
Outcome
partially varied and affirmed
Legal Topics
Freedom of Information, Amendment of Records, Personal Information, Burden of Proof
Administrative Law Information Law Freedom of Information Amendment of Records Personal Information Burden of Proof

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 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Mr X

Applicant

Defence Forces

Respondent

Procedural Posture

FOI Amendment Review / Final Binding Decision

Legal Issues

  1. 1 Whether the Defence Forces was justified in refusing to amend statements in the Naval Transportation Working Group Report under section 17 of the FOI Act

Ratio Decidendi

On balance of probabilities, not all staff were formally interviewed for the Report; the statement that all serving MTDs were interviewed is misleading or incorrect. Other statements are opinions of the authors and applicant failed to provide sufficient independent evidence to warrant amendment.

Court Disposition

partially varied and affirmed

Orders

  • Defence Forces to attach a statement to all copies of the Report noting applicant was not interviewed for its preparation.
  • Defence Forces' refusal to amend the other three statements is affirmed.