Mr X and Mayo County Council [2015] IEIC 150043 (13 July 2015)

Mr X and Mayo County Council [2015] IEIC 150043 (13 July 2015)

The Council's refusal of access is justified under section 15(1)(i)(i) because the records have already been provided to the applicant, and under section 15(1)(a) to the extent that any further records are claimed to exist but do not.

Source-derived case information.

Citation
[2015] IEIC 150043
Parties
Applicant: Mr X; Respondent: Mayo County Council
Jurisdiction
Ireland
Judgment Date
13 July 2015
Procedural Posture
FOI Review / Decision of Information Commissioner Following Review
Outcome
request refused; Council's decision affirmed
Legal Topics
FOI Act Section 15(1)(a), FOI Act Section 15(1)(i)(i), Refusal of Access to Records, Existence and Availability of Records
Administrative Law Freedom of Information FOI Act Section 15(1)(a) FOI Act Section 15(1)(i)(i) Refusal of Access to Records Existence and Availability of Records

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Parties

Mr X

Applicant

Mayo County Council

Respondent

Procedural Posture

FOI Review / Decision of Information Commissioner Following Review

Legal Issues

  1. 1 Whether the refusal of access to records by the Council is justified under section 15(1)(a) and section 15(1)(i)(i) of the FOI Act

Ratio Decidendi

The Council's refusal of access is justified under section 15(1)(i)(i) because the records have already been provided to the applicant, and under section 15(1)(a) to the extent that any further records are claimed to exist but do not.

Court Disposition

request refused; Council's decision affirmed