Mr X and Irish Prison Service (FOI Act 2014) [2017] IEIC 170295 (20 October 2017)

Mr X and Irish Prison Service (FOI Act 2014) [2017] IEIC 170295 (20 October 2017)

The withheld information is personal information relating to individuals other than the applicant, or is inextricably linked to such information. None of the exceptions under section 37(2) or the public interest override under section 37(5)(a) apply. The public interest in upholding privacy outweighs the interest in...

Source-derived case information.

Citation
[2017] IEIC 170295
Parties
Applicant: Mr X; Respondent: Irish Prison Service
Jurisdiction
Ireland
Judgment Date
20 October 2017
Procedural Posture
Freedom of Information Review / Decision of Information Commissioner Under Section 22(2) FOI Act 2014
Outcome
Refusal affirmed
Legal Topics
Access to Information, Personal Data Protection, Public Interest Test, Exemptions Under FOI Act
Administrative Law Freedom of Information Access to Information Personal Data Protection Public Interest Test Exemptions Under FOI Act

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Parties

Mr X

Applicant

Irish Prison Service

Respondent

Procedural Posture

Freedom of Information Review / Decision of Information Commissioner Under Section 22(2) FOI Act 2014

Legal Issues

  1. 1 Whether the IPS was justified in refusing to release records relating to an investigation file concerning a complaint made against the applicant under sections 35(1) and 37(1) of the FOI Act 2014

Ratio Decidendi

The withheld information is personal information relating to individuals other than the applicant, or is inextricably linked to such information. None of the exceptions under section 37(2) or the public interest override under section 37(5)(a) apply. The public interest in upholding privacy outweighs the interest in disclosure. The IPS was justified in refusing access under section 37(1) of the FOI Act.

Court Disposition

Refusal affirmed

Orders

  • The decision of the IPS to refuse to release records in full and in part to the applicant under section 37(1) of the FOI Act is affirmed.