Mr X and Trinity College Dublin [2021] IEIC OIC-105592 (9 July 2021)

Mr X and Trinity College Dublin [2021] IEIC OIC-105592 (9 July 2021)

TCD failed to demonstrate with sufficient specificity how the release of the April 2017 Risk Register could reasonably be expected to result in the harms identified under sections 36(1)(b) and 40(1)(d) of the FOI Act. The information in the register was not shown to be sufficiently detailed or current to prejudice TCD’s competitive position, cause material financial loss, or result in unwarranted loss or benefit. Therefore, the exemptions did not apply and the record must be released.

Citation
[2021] IEIC OIC-105592
Parties
Applicant: Mr X; Respondent: Trinity College Dublin
Jurisdiction
Ireland
Judgment Date
09 July 2021
Procedural Posture
Freedom of Information Review / Decision of Information Commissioner Following Internal Review
Outcome
refusal annulled; access granted
Legal Topics
FOI Exemptions, Public Interest Test, Commercial Sensitivity, Risk Registers, Harm Based Exemptions
Administrative Law Freedom of Information FOI Exemptions Public Interest Test Commercial Sensitivity Risk Registers Harm Based Exemptions

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Parties

Mr X

Applicant

Trinity College Dublin

Respondent

Procedural Posture

Freedom of Information Review / Decision of Information Commissioner Following Internal Review

Legal Issues

  1. 1 Whether TCD was justified in refusing access to its Primary Risk Register dated April 2017 under sections 36(1)(b) and 40(1)(d) of the FOI Act

Ratio Decidendi

TCD failed to demonstrate with sufficient specificity how the release of the April 2017 Risk Register could reasonably be expected to result in the harms identified under sections 36(1)(b) and 40(1)(d) of the FOI Act. The information in the register was not shown to be sufficiently detailed or current to prejudice TCD’s competitive position, cause material financial loss, or result in unwarranted loss or benefit. Therefore, the exemptions did not apply and the record must be released.

Court Disposition

refusal annulled; access granted

Orders

  • TCD to release its Risk Register dated April 2017 to the applicant.