Mr X and Dublin West Education Centre [2020] IEIC 57745 (10 July 2020)

Mr X and Dublin West Education Centre [2020] IEIC 57745 (10 July 2020)

DWEC does not hold or control the requested PDST records for the purposes of the FOI Act, as it lacks strategic, financial, and operational control over PDST; therefore, refusal under section 15(1)(a) was justified.

Source-derived case information.

Citation
[2020] IEIC 57745
Parties
Applicant: Mr X; Respondent: Dublin West Education Centre
Jurisdiction
Ireland
Judgment Date
10 July 2020
Procedural Posture
Freedom of Information Review / Final Decision by Information Commissioner
Outcome
request refused; decision affirmed
Legal Topics
Access to Information, Public Body Control of Records, FOI Act Interpretation
Administrative Law Freedom of Information Access to Information Public Body Control of Records FOI Act Interpretation

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr X

Applicant

Dublin West Education Centre

Respondent

Procedural Posture

Freedom of Information Review / Final Decision by Information Commissioner

Legal Issues

  1. 1 Whether DWEC holds or controls the requested PDST records for the purposes of the FOI Act
  2. 2 Whether refusal under section 15(1)(a) of the FOI Act was justified

Ratio Decidendi

DWEC does not hold or control the requested PDST records for the purposes of the FOI Act, as it lacks strategic, financial, and operational control over PDST; therefore, refusal under section 15(1)(a) was justified.

Court Disposition

request refused; decision affirmed