Mr X and the Public Appointments Service (FOI Act 2014) [2016] IEIC 150442 (1 July 2016)

Mr X and the Public Appointments Service (FOI Act 2014) [2016] IEIC 150442 (1 July 2016)

PAS was justified in refusing access to further records under section 15(1)(a) as it had taken reasonable steps to locate all relevant records; justified in withholding personal information of third parties under section 37; not justified in blanket refusal under section 31(1)(a) without individual consideration of records, requiring a fresh decision-making process.

Citation
[2016] IEIC 150442
Parties
Applicant: Mr X; Respondent: Public Appointments Service
Jurisdiction
Ireland
Judgment Date
01 July 2016
Procedural Posture
FOI Review / Binding Decision by Information Commissioner
Outcome
Varied
Legal Topics
FOI Requests, Exemptions Under FOI Act, Legal Professional Privilege, Personal Information, Public Interest Balancing
Administrative Law Freedom of Information FOI Requests Exemptions Under FOI Act Legal Professional Privilege Personal Information Public Interest Balancing

Case Brief

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Parties

Mr X

Applicant

Public Appointments Service

Respondent

Procedural Posture

FOI Review / Binding Decision by Information Commissioner

Legal Issues

  1. 1 Whether PAS was justified in refusing access to certain records concerning two job applications under the FOI Act 2014
  2. 2 Whether PAS took reasonable steps to locate all relevant records
  3. 3 Whether records were properly withheld under legal professional privilege (section 31(1)(a))

Ratio Decidendi

PAS was justified in refusing access to further records under section 15(1)(a) as it had taken reasonable steps to locate all relevant records; justified in withholding personal information of third parties under section 37; not justified in blanket refusal under section 31(1)(a) without individual consideration of records, requiring a fresh decision-making process.

Court Disposition

Varied

Orders

  • Affirmed PAS's refusal under section 37 for personal information of third parties.
  • Affirmed PAS's refusal under section 15(1)(a) for further records not found.