Mr X and Munster Technological University [2021] IEIC OIC-109589-D5M3W6 (24 November 2021)

Mr X and Munster Technological University [2021] IEIC OIC-109589-D5M3W6 (24 November 2021)

MTU was justified in withholding access to information that constituted personal information of third parties under section 37(1), except for staff details of public bodies and information not about identifiable individuals, which must be released. MTU was not justified in refusing access to records under section 29(1) as the records did not relate to a deliberative process or were factual in nature, and thus must be released.

Citation
[2021] IEIC OIC-109589-D5M3W6
Parties
Applicant: Mr X; Respondent: Munster Technological University
Jurisdiction
Ireland
Judgment Date
24 November 2021
Procedural Posture
Freedom of Information Review / Decision of the Information Commissioner Following Internal Review and Appeal
Outcome
Varied
Legal Topics
Freedom of Information, Personal Data Protection, Public Interest Test, Deliberative Process Exemption
Administrative Law Information Law Freedom of Information Personal Data Protection Public Interest Test Deliberative Process Exemption

Case Brief

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Parties

Mr X

Applicant

Munster Technological University

Respondent

Procedural Posture

Freedom of Information Review / Decision of the Information Commissioner Following Internal Review and Appeal

Legal Issues

  1. 1 Whether MTU was justified in refusing access to records under sections 29(1) and 37(1) of the FOI Act

Ratio Decidendi

MTU was justified in withholding access to information that constituted personal information of third parties under section 37(1), except for staff details of public bodies and information not about identifiable individuals, which must be released. MTU was not justified in refusing access to records under section 29(1) as the records did not relate to a deliberative process or were factual in nature, and thus must be released.

Court Disposition

Varied

Orders

  • MTU must release information redacted under section 37(1) that does not constitute personal information as defined by the Act.
  • MTU must release all records withheld under section 29(1).