Mr. X and The Courts Service (FOI Act 2014) [2016] IEIC 160282 (17 October 2016)

Mr. X and The Courts Service (FOI Act 2014) [2016] IEIC 160282 (17 October 2016)

The Courts Service was justified in refusing access to the requested records under section 15(1)(a) of the FOI Act because the records sought do not exist or cannot be found after all reasonable steps to ascertain their whereabouts have been taken.

Citation
[2016] IEIC 160282
Parties
Applicant: Mr. X; Respondent: The Courts Service
Jurisdiction
Ireland
Judgment Date
17 October 2016
Procedural Posture
Freedom of Information Review / Final Binding Decision by Information Commissioner
Outcome
request refused; original decision affirmed
Legal Topics
Freedom of Information, Record Management, Public Administration
Administrative Law Information Law Freedom of Information Record Management Public Administration

Case Brief

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Parties

Mr. X

Applicant

The Courts Service

Respondent

Procedural Posture

Freedom of Information Review / Final Binding Decision by Information Commissioner

Legal Issues

  1. 1 Whether the Courts Service was justified in refusing access to records disclosing the names of Court registrars who attended court on specified dates under section 15(1)(a) of the FOI Act
  2. 2 Whether the Courts Service was justified in refusing access to further records relating to the CEO's investigation on the ground that the records sought do not exist or cannot be found

Ratio Decidendi

The Courts Service was justified in refusing access to the requested records under section 15(1)(a) of the FOI Act because the records sought do not exist or cannot be found after all reasonable steps to ascertain their whereabouts have been taken.

Court Disposition

request refused; original decision affirmed

Orders

  • Courts Service's refusal of access to records affirmed under section 15(1)(a) of the FOI Act
  • No further records to be released