Mr X and the Public Appointments Service (FOI Act 2014) (Public Appointments Service) [2017] IEIC 170326 (9 November 2017)

Mr X and the Public Appointments Service (FOI Act 2014) (Public Appointments Service) [2017] IEIC 170326 (9 November 2017)

PAS was justified in refusing access to the remaining records as it had taken reasonable steps to search for records, and the withheld records were exempt under statutory provisions for non-existence, public domain, government submission, legal professional privilege, Attorney General records, and personal information. The public interest did not outweigh privacy rights for third party information.

Citation
[2017] IEIC 170326
Parties
Applicant: Mr X; Respondent: Public Appointments Service
Jurisdiction
Ireland
Judgment Date
09 November 2017
Procedural Posture
FOI Review / Binding Decision
Outcome
request refused
Legal Topics
Access to Records, Reasonable Search, Legal Professional Privilege, Personal Information, Public Domain, Government Records, Attorney General Records
Administrative Law Freedom of Information Access to Records Reasonable Search Legal Professional Privilege Personal Information Public Domain Government Records +1 more

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Parties

Mr X

Applicant

Public Appointments Service

Respondent

Procedural Posture

FOI Review / Binding Decision

Legal Issues

  1. 1 Whether PAS was justified in refusing access to records relating to the applicant under sections 15(1)(a), 15(1)(d), 28(1)(a), 31(1)(a), 37, and 42(f) of the FOI Act
  2. 2 Whether PAS took reasonable steps to search for further records within the scope of the applicant's request
  3. 3 Whether withheld records are exempt due to legal professional privilege, personal information, or government submission

Ratio Decidendi

PAS was justified in refusing access to the remaining records as it had taken reasonable steps to search for records, and the withheld records were exempt under statutory provisions for non-existence, public domain, government submission, legal professional privilege, Attorney General records, and personal information. The public interest did not outweigh privacy rights for third party information.

Court Disposition

request refused

Orders

  • PAS decision affirmed; refusal to grant access to remaining or further records under sections 15(1)(a), 15(1)(d), 28(1)(a), 31(1)(a), 37, and 42(f) of the FOI Act