Mr X and Technological University Dublin [2020] IEIC 53503 (3 March 2020)

Mr X and Technological University Dublin [2020] IEIC 53503 (3 March 2020)

TU Dublin did not take all reasonable steps to ascertain the whereabouts of relevant records within the scope of the applicant’s request, as it failed to ask certain current staff identified by the applicant to conduct searches, despite their involvement in the grievance investigation. Therefore, TU Dublin was not justified in refusing access to additional records under section 15(1)(a) of the FOI Act.

Citation
[2020] IEIC 53503
Parties
Applicant: Mr X; Respondent: Technological University Dublin
Jurisdiction
Ireland
Judgment Date
03 March 2020
Procedural Posture
Freedom of Information Review / Decision of the Information Commissioner Under Section 22(2) of the FOI Act
Outcome
decision annulled
Legal Topics
FOI Refusal, Reasonable Search, Scope of Request, Records Management
Administrative Law Freedom of Information FOI Refusal Reasonable Search Scope of Request Records Management

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Parties

Mr X

Applicant

Technological University Dublin

Respondent

Procedural Posture

Freedom of Information Review / Decision of the Information Commissioner Under Section 22(2) of the FOI Act

Legal Issues

  1. 1 Whether TU Dublin was justified in refusing access to additional records under section 15(1)(a) of the FOI Act on the ground that no additional records exist or can be found

Ratio Decidendi

TU Dublin did not take all reasonable steps to ascertain the whereabouts of relevant records within the scope of the applicant’s request, as it failed to ask certain current staff identified by the applicant to conduct searches, despite their involvement in the grievance investigation. Therefore, TU Dublin was not justified in refusing access to additional records under section 15(1)(a) of the FOI Act.

Court Disposition

decision annulled

Orders

  • TU Dublin’s decision refusing access to additional records under section 15(1)(a) of the FOI Act is annulled
  • TU Dublin must consider the applicant’s request afresh and make a new, first instance, decision in accordance with the FOI Act