Mr X and Defence Forces (Defence Forces) [2022] IEIC 105005 (15 July 2022)
The Defence Forces took all reasonable steps to locate relevant records, and the withheld information was exempt as personal information inextricably linked to third parties, with no overriding public interest justifying disclosure. The refusal under sections 15(1)(a) and 37(1) of the FOI Act was affirmed.
- Citation
- [2022] IEIC 105005
- Parties
- Applicant: Mr X; Respondent: Defence Forces
- Jurisdiction
- Ireland
- Judgment Date
- 15 July 2022
- Procedural Posture
- FOI Review / Decision on Review
- Outcome
- request refused (affirmed)
- Legal Topics
- Access to Records, Personal Information Exemption, Confidential Information Exemption, Adequacy of Search, Public Interest Test
Case Brief
Summary, issues, holding and outcome
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Parties
Mr X
Applicant
Defence Forces
Respondent
Procedural Posture
FOI Review / Decision on Review
Legal Issues
- 1 Whether the Defence Forces conducted reasonable searches for requested records under section 15(1)(a) of the FOI Act
- 2 Whether the refusal to grant full access to records was justified under sections 35(1)(a) and 37(1) of the FOI Act
- 3 Whether any exceptions or public interest override applied to the withheld information
Ratio Decidendi
The Defence Forces took all reasonable steps to locate relevant records, and the withheld information was exempt as personal information inextricably linked to third parties, with no overriding public interest justifying disclosure. The refusal under sections 15(1)(a) and 37(1) of the FOI Act was affirmed.
Court Disposition
request refused (affirmed)
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