Mr X and Donegal County Council [2021] IEIC OIC-104673 (25 May 2021)

Mr X and Donegal County Council [2021] IEIC OIC-104673 (25 May 2021)

The Council included time for tasks outside the permissible scope for search and retrieval under the FOI Act, such as verifying accuracy and completeness of records. Only the time for preparing schedules could potentially be included, but even this did not exceed the minimum threshold for charging fees. Therefore, the Council was not entitled to charge the €220 fee.

Citation
[2021] IEIC OIC-104673
Parties
Applicant: Mr X; Respondent: Donegal County Council
Jurisdiction
Ireland
Judgment Date
25 May 2021
Procedural Posture
FOI Review / Decision on Review
Outcome
Council's decision to charge fee annulled
Legal Topics
FOI Fees, Search and Retrieval Charges, Public Records Access
Administrative Law Freedom of Information FOI Fees Search and Retrieval Charges Public Records Access

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Parties

Mr X

Applicant

Donegal County Council

Respondent

Procedural Posture

FOI Review / Decision on Review

Legal Issues

  1. 1 Whether the Council was justified under section 27 of the FOI Act in charging a fee of €220 for search and retrieval of four electronic audit reports

Ratio Decidendi

The Council included time for tasks outside the permissible scope for search and retrieval under the FOI Act, such as verifying accuracy and completeness of records. Only the time for preparing schedules could potentially be included, but even this did not exceed the minimum threshold for charging fees. Therefore, the Council was not entitled to charge the €220 fee.

Court Disposition

Council's decision to charge fee annulled

Orders

  • Council's decision to charge €220 for search and retrieval annulled