Mr. X and Kildare County Council (FOI Act 2014) [2016] IEIC 150310 (14 March 2016)

Mr. X and Kildare County Council (FOI Act 2014) [2016] IEIC 150310 (14 March 2016)

The Council was justified in refusing access to the requested CPO map under section 15(1)(a) of the FOI Act because it had taken all reasonable steps to locate the record and it either does not exist or cannot be found.

Source-derived case information.

Citation
[2016] IEIC 150310
Parties
Applicant: Mr. X; Respondent: Kildare County Council
Jurisdiction
Ireland
Judgment Date
14 March 2016
Procedural Posture
Freedom of Information Review / Final Decision by Information Commissioner
Outcome
request refused; Council's decision affirmed
Legal Topics
Refusal of Access to Records, Reasonable Search for Records, Existence of Records, Section 15(1)(a) FOI Act
Administrative Law Freedom of Information Refusal of Access to Records Reasonable Search for Records Existence of Records Section 15(1)(a) FOI Act

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Parties

Mr. X

Applicant

Kildare County Council

Respondent

Procedural Posture

Freedom of Information Review / Final Decision by Information Commissioner

Legal Issues

  1. 1 Whether the Council was justified in refusing access to the requested CPO map on the ground that it does not exist or cannot be found after all reasonable steps have been taken

Ratio Decidendi

The Council was justified in refusing access to the requested CPO map under section 15(1)(a) of the FOI Act because it had taken all reasonable steps to locate the record and it either does not exist or cannot be found.

Court Disposition

request refused; Council's decision affirmed