Mr X and the National Archives [2015] IEIC 150015 (20 March 2015)

Section 46(2) of the FOI Act applies to records available for public inspection, and therefore the FOI Act does not apply to such records, precluding amendment under section 17.

Citation: [2015] IEIC 150015
Parties: Applicant: Mr X; Respondent: National Archives
Jurisdiction: Ireland
Judgment Date: 20 March 2015
Procedural Posture: Freedom of Information Review / Decision on Review by Information Commissioner
Outcome: request refused; decision of Archives varied to clarify FOI Act does not apply
Legal Topics: Amendment of Records, Public Access to Records, Applicability of FOI Act

Administrative Law Freedom of Information Amendment of Records Public Access to Records Applicability of FOI Act

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Parties

Mr X

Applicant

National Archives

Respondent

Procedural Posture

Freedom of Information Review / Decision on Review by Information Commissioner

Legal Issues

1 Whether section 17 of the FOI Act applies to records available for public inspection under section 46(2) of the FOI Act

Ratio Decidendi

Section 46(2) of the FOI Act applies to records available for public inspection, and therefore the FOI Act does not apply to such records, precluding amendment under section 17.

Court Disposition

request refused; decision of Archives varied to clarify FOI Act does not apply