Mr X and Trinity College Dublin [2024] IEIC 139424 (04 October 2024)

Mr X and Trinity College Dublin [2024] IEIC 139424 (04 October 2024)

The information requested (donation amounts, broker names, commission rates) is commercially sensitive and its disclosure could reasonably be expected to result in material financial loss or prejudice to the competitive position of brokers and TCD, as well as prejudice ongoing or future contractual negotiations. No sufficiently specific, cogent and fact-based public interest reason exists to override the commercial sensitivity exemption. Thus, refusal under section 36(1)(b)/(c) is justified.

Citation
[2024] IEIC 139424
Parties
Applicant: Mr X; Respondent: Trinity College Dublin
Jurisdiction
Ireland
Judgment Date
04 October 2024
Procedural Posture
FOI Review / Decision of Information Commissioner Following Internal Review and Submissions
Outcome
Refusal affirmed
Legal Topics
Commercial Sensitivity, Public Interest Override, Access to Information, Immigrant Investor Programme
Freedom of Information Administrative Law Commercial Sensitivity Public Interest Override Access to Information Immigrant Investor Programme

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Mr X

Applicant

Trinity College Dublin

Respondent

Procedural Posture

FOI Review / Decision of Information Commissioner Following Internal Review and Submissions

Legal Issues

  1. 1 Whether TCD was justified in refusing access to records relating to the Immigrant Investor Programme under section 36 of the FOI Act

Ratio Decidendi

The information requested (donation amounts, broker names, commission rates) is commercially sensitive and its disclosure could reasonably be expected to result in material financial loss or prejudice to the competitive position of brokers and TCD, as well as prejudice ongoing or future contractual negotiations. No sufficiently specific, cogent and fact-based public interest reason exists to override the commercial sensitivity exemption. Thus, refusal under section 36(1)(b)/(c) is justified.

Court Disposition

Refusal affirmed

Orders

  • TCD's refusal of access to the records under sections 36(1)(b)/(c) of the FOI Act is affirmed.