Mr X and RTE (FOI Act 2014) [2017] IEIC 160460 (20 February 2017)

Mr X and RTE (FOI Act 2014) [2017] IEIC 160460 (20 February 2017)

Section 36(1)(b) applies to the withheld records due to their commercial sensitivity; none of the exceptions in section 36(2) apply; and the public interest in granting access does not outweigh the public interest in withholding the records.

Citation
[2017] IEIC 160460
Parties
Applicant: Mr X; Respondent: RTÉ
Jurisdiction
Ireland
Judgment Date
20 February 2017
Procedural Posture
FOI Review / Binding Decision
Outcome
refusal affirmed
Legal Topics
Commercial Sensitivity, Public Interest, Exempt Records
Freedom of Information Commercial Sensitivity Public Interest Exempt Records

Case Brief

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Parties

Mr X

Applicant

RTÉ

Respondent

Procedural Posture

FOI Review / Binding Decision

Legal Issues

  1. 1 Whether RTÉ was justified in refusing access to records concerning the sponsorship, by McDonalds, of RTÉ's screenings of the Big Big Movie

Ratio Decidendi

Section 36(1)(b) applies to the withheld records due to their commercial sensitivity; none of the exceptions in section 36(2) apply; and the public interest in granting access does not outweigh the public interest in withholding the records.

Court Disposition

refusal affirmed

Orders

  • RTÉ's decision to refuse access to the withheld records is affirmed.