Mr X and the Defence Forces (FOI Act 2014) [2017] IEIC 170140 (18 July 2017)

Mr X and the Defence Forces (FOI Act 2014) [2017] IEIC 170140 (18 July 2017)

Applicant failed to provide sufficient evidence that the information in the records was incomplete, incorrect, or misleading on the balance of probabilities. Section 9 does not permit amendment solely because the record relates to the applicant or to add signatures where none exist.

Citation
[2017] IEIC 170140
Parties
Applicant: Mr X; Respondent: Defence Forces
Jurisdiction
Ireland
Judgment Date
18 July 2017
Procedural Posture
FOI Review / Final Decision
Outcome
application refused
Legal Topics
Freedom of Information, Amendment of Personal Records, Section 9 FOI Act
Administrative Law Information Law Freedom of Information Amendment of Personal Records Section 9 FOI Act

Case Brief

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Parties

Mr X

Applicant

Defence Forces

Respondent

Procedural Posture

FOI Review / Final Decision

Legal Issues

  1. 1 Whether the Defence Forces was justified in refusing to amend or delete personal information in Army Records under section 9 of the FOI Act

Ratio Decidendi

Applicant failed to provide sufficient evidence that the information in the records was incomplete, incorrect, or misleading on the balance of probabilities. Section 9 does not permit amendment solely because the record relates to the applicant or to add signatures where none exist.

Court Disposition

application refused

Orders

  • Decision of Defence Forces affirmed; request for amendment under section 9 FOI Act refused.