Mr X and RTE (FOI Act 2014) [2017] IEIC 160454 (2 February 2017)

Mr X and RTE (FOI Act 2014) [2017] IEIC 160454 (2 February 2017)

Records 3 and 4 are exempt from disclosure under section 36(1)(b) as their release could prejudice the competitive positions of RTÉ and Dominos and cause commercial harm; the public interest does not outweigh this exemption. Record 1, being of lower sensitivity and not imparted in confidence, is not exempt under sections 35(1)(b) or 36(1)(b), and the public interest favours its release, subject to redaction of personal information under section 37(1).

Citation
[2017] IEIC 160454
Parties
Applicant: Mr X; Respondent: RTÉ; Third Party: Dominos (via agents)
Jurisdiction
Ireland
Judgment Date
02 February 2017
Procedural Posture
FOI Review / Decision of Information Commissioner Following Internal Review
Outcome
partly allowed, partly refused
Legal Topics
FOI Exemptions, Commercial Sensitivity, Duty of Confidence, Public Interest Balancing, Personal Information
Freedom of Information Administrative Law Commercial Law FOI Exemptions Commercial Sensitivity Duty of Confidence Public Interest Balancing Personal Information

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Parties

Mr X

Applicant

RTÉ

Respondent

Dominos (via agents)

Third Party

Procedural Posture

FOI Review / Decision of Information Commissioner Following Internal Review

Legal Issues

  1. 1 Whether RTÉ was justified in refusing access to records concerning Dominos' sponsorship of RTÉ's screenings of the Big Big Movie under sections 35(1)(b), 36(1)(b), and 36(1)(c) of the FOI Act 2014
  2. 2 Whether the public interest outweighs the exemption for commercial sensitivity
  3. 3 Whether disclosure would breach a duty of confidence

Ratio Decidendi

Records 3 and 4 are exempt from disclosure under section 36(1)(b) as their release could prejudice the competitive positions of RTÉ and Dominos and cause commercial harm; the public interest does not outweigh this exemption. Record 1, being of lower sensitivity and not imparted in confidence, is not exempt under sections 35(1)(b) or 36(1)(b), and the public interest favours its release, subject to redaction of personal information under section 37(1).

Court Disposition

partly allowed, partly refused

Orders

  • Affirmed refusal of access to records 3 and 4 under section 36(1)(b) FOI Act 2014.
  • Annulled refusal of access to record 1; directed release of record 1 with redaction of names and email address of three staff under section 37(1) FOI Act 2014.