Mr X & Kerry County Council (the Council) (Kerry County Council) [2018] IEIC 170541 (26 July 2018)

Mr X & Kerry County Council (the Council) (Kerry County Council) [2018] IEIC 170541 (26 July 2018)

Section 42(m)(i) applies to the identity of complainant one, justifying refusal of access to records 1, 2, and 7; section 35 does not apply to complainant two, and records 3, 8, and 9 must be released subject to redaction of personal information under section 37(1).

Source-derived case information.

Citation
[2018] IEIC 170541
Parties
Applicant: Mr X; Respondent: Kerry County Council
Jurisdiction
Ireland
Judgment Date
26 July 2018
Procedural Posture
FOI Review / Final Decision
Outcome
varied
Legal Topics
Access to Records, Confidentiality, Personal Information, Planning Enforcement
Administrative Law Freedom of Information Access to Records Confidentiality Personal Information Planning Enforcement

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Summary, issues, holding and outcome

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Parties

Mr X

Applicant

Kerry County Council

Respondent

Procedural Posture

FOI Review / Final Decision

Legal Issues

  1. 1 Whether the Council was justified in refusing access in full and in part to records concerning planning enforcement complaints under sections 15 and 35 of the FOI Act
  2. 2 Whether section 42(m)(i) applies to the identity of complainants
  3. 3 Whether personal information is exempt under section 37(1)

Ratio Decidendi

Section 42(m)(i) applies to the identity of complainant one, justifying refusal of access to records 1, 2, and 7; section 35 does not apply to complainant two, and records 3, 8, and 9 must be released subject to redaction of personal information under section 37(1).

Court Disposition

varied

Orders

  • Affirmed refusal of access to information in records 1, 2, and 7.
  • Annulled refusal of access to information in records 3, 8, and 9 and directed their release subject to redaction of personal information.