Mr X and The Defence Forces (The Defence Forces) [2022] IEIC 113885 (1 December 2022)
The Defence Forces were justified in withholding information redacted under section 37(1) as it constituted personal information not excluded by section 2 Paragraph (I), and the public interest did not outweigh privacy rights. The Defence Forces were not justified in withholding parts of record 12 under section 33(1) as the harm test was not met.
- Citation
- [2022] IEIC 113885
- Parties
- Applicant: Mr X; Respondent: The Defence Forces
- Jurisdiction
- Ireland
- Judgment Date
- 01 December 2022
- Procedural Posture
- FOI Review / Decision of Information Commissioner Following Internal Review
- Outcome
- partly allowed, partly refused
- Legal Topics
- Personal Information Exemption, Security and Defence Exemption, Public Interest Test, Access to Records
Case Brief
Summary, issues, holding and outcome
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Parties
Mr X
Applicant
The Defence Forces
Respondent
Procedural Posture
FOI Review / Decision of Information Commissioner Following Internal Review
Legal Issues
- 1 Whether the Defence Forces were justified in refusing access to records under sections 33(1) and 37(1) of the FOI Act.
Ratio Decidendi
The Defence Forces were justified in withholding information redacted under section 37(1) as it constituted personal information not excluded by section 2 Paragraph (I), and the public interest did not outweigh privacy rights. The Defence Forces were not justified in withholding parts of record 12 under section 33(1) as the harm test was not met.
Court Disposition
partly allowed, partly refused
Orders
- Defence Forces to release record 12 in full.
- Redactions under section 37(1) to remain.
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