Mr X and Roscommon County Council (Roscommon County Council) [2022] IEIC 121816 (11 November 2022)

Mr X and Roscommon County Council (Roscommon County Council) [2022] IEIC 121816 (11 November 2022)

The Council was justified in refusing access to the records under section 37(1) of the FOI Act because their release would disclose personal information relating to Councillors whose expenses were subject to investigation, and the public interest in disclosure does not outweigh the right to privacy of the individuals concerned.

Citation
[2022] IEIC 121816
Parties
Applicant: Mr X; Respondent: Roscommon County Council
Jurisdiction
Ireland
Judgment Date
11 November 2022
Procedural Posture
Freedom of Information Review / Final Determination by Information Commissioner
Outcome
Request refused; Council's decision affirmed
Legal Topics
Personal Information Exemption, Public Interest Test, Disclosure of Public Records
Administrative Law Freedom of Information Personal Information Exemption Public Interest Test Disclosure of Public Records

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Mr X

Applicant

Roscommon County Council

Respondent

Procedural Posture

Freedom of Information Review / Final Determination by Information Commissioner

Legal Issues

  1. 1 Whether the Council was justified under section 37 of the FOI Act in refusing access to records relating to Councillors' expenses investigated by internal audit

Ratio Decidendi

The Council was justified in refusing access to the records under section 37(1) of the FOI Act because their release would disclose personal information relating to Councillors whose expenses were subject to investigation, and the public interest in disclosure does not outweigh the right to privacy of the individuals concerned.

Court Disposition

Request refused; Council's decision affirmed

Orders

  • Council's refusal of access under section 37(1) of the FOI Act is upheld
  • Applicant's review is dismissed