Mr. X & the Irish Greyhound Board (the Board) (Irish Greyhound Board) [2019] IEIC 180434 (29 March 2019)

Mr. X & the Irish Greyhound Board (the Board) (Irish Greyhound Board) [2019] IEIC 180434 (29 March 2019)

The Board took all reasonable steps to locate records and was justified in refusing access to additional records under section 15(1)(a). Records 1, 5, 20, and parts of 18 and 22 are exempt under section 31(1)(a) due to legal professional privilege. Record 6 is exempt under section 37(1) as it contains third party...

Source-derived case information.

Citation
[2019] IEIC 180434
Parties
Applicant: Mr. X; Respondent: Irish Greyhound Board
Jurisdiction
Ireland
Judgment Date
29 March 2019
Procedural Posture
Freedom of Information Review / Decision on Review by Information Commissioner
Outcome
Refusal of access affirmed
Legal Topics
Access to Information, Legal Professional Privilege, Personal Information Exemption, Public Interest Balancing, Search for Records
Administrative Law Freedom of Information Access to Information Legal Professional Privilege Personal Information Exemption Public Interest Balancing Search for Records

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Parties

Mr. X

Applicant

Irish Greyhound Board

Respondent

Procedural Posture

Freedom of Information Review / Decision on Review by Information Commissioner

Legal Issues

  1. 1 Whether the Board was justified in refusing access to further records under section 15(1)(a) of the FOI Act
  2. 2 Whether the Board was justified in refusing access to records under sections 30(1)(a), 31(1)(a), 35(1)(a), and 37(1) of the FOI Act

Ratio Decidendi

The Board took all reasonable steps to locate records and was justified in refusing access to additional records under section 15(1)(a). Records 1, 5, 20, and parts of 18 and 22 are exempt under section 31(1)(a) due to legal professional privilege. Record 6 is exempt under section 37(1) as it contains third party personal information, and the public interest does not outweigh the right to privacy.

Court Disposition

Refusal of access affirmed

Orders

  • Refusal of access to additional records under section 15(1)(a) affirmed
  • Refusal of access to records 1, 5, 20 and parts of 18 and 22 under section 31(1)(a) affirmed