Mr X and Property Registration Authority (FOI Act 2014) (Property Registration Authority) [2018] IEIC 180251 (21 October 2018)

Mr X and Property Registration Authority (FOI Act 2014) (Property Registration Authority) [2018] IEIC 180251 (21 October 2018)

Disclosure of the requested records is prohibited by Rule 159 of the Land Registration Rules 2012, which is not excepted by Schedule 3 of the FOI Act; therefore, section 41(1)(a) applies and the PRA was justified in refusing access.

Source-derived case information.

Citation
[2018] IEIC 180251
Parties
Applicant: Mr X; Respondent: Property Registration Authority
Jurisdiction
Ireland
Judgment Date
21 October 2018
Procedural Posture
Freedom of Information Review / Decision of Information Commissioner Following Internal Review
Outcome
Refusal affirmed
Legal Topics
FOI Act 2014 Section 41, Land Registration Rules 2012 Rule 159, Mandatory Exemptions, Access to Public Records
Administrative Law Freedom of Information FOI Act 2014 Section 41 Land Registration Rules 2012 Rule 159 Mandatory Exemptions Access to Public Records

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr X

Applicant

Property Registration Authority

Respondent

Procedural Posture

Freedom of Information Review / Decision of Information Commissioner Following Internal Review

Legal Issues

  1. 1 Whether the PRA was justified in refusing access to specified instruments under section 41 of the FOI Act

Ratio Decidendi

Disclosure of the requested records is prohibited by Rule 159 of the Land Registration Rules 2012, which is not excepted by Schedule 3 of the FOI Act; therefore, section 41(1)(a) applies and the PRA was justified in refusing access.

Court Disposition

Refusal affirmed

Orders

  • The PRA's decision to refuse access to the records under section 41 of the FOI Act is affirmed.