Mr X and Trinity College Dublin (Trinity College Dublin) [2022] IEIC 128031 (22 December 2022)

Mr X and Trinity College Dublin (Trinity College Dublin) [2022] IEIC 128031 (22 December 2022)

TCD did not take all reasonable steps to ascertain the whereabouts of all relevant records; refusal under section 15(1)(a) was not justified.

Citation
[2022] IEIC 128031
Parties
Applicant: Mr X; Respondent: Trinity College Dublin
Jurisdiction
Ireland
Judgment Date
22 December 2022
Procedural Posture
Freedom of Information Review / Final Binding Decision by Information Commissioner
Outcome
Decision annulled; request to be considered afresh.
Legal Topics
Refusal of Access to Records, Scope of FOI Requests, Adequacy of Searches, Exemptions Under FOI Act
Administrative Law Freedom of Information Refusal of Access to Records Scope of FOI Requests Adequacy of Searches Exemptions Under FOI Act

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Parties

Mr X

Applicant

Trinity College Dublin

Respondent

Procedural Posture

Freedom of Information Review / Final Binding Decision by Information Commissioner

Legal Issues

  1. 1 Whether TCD was justified in refusing access under section 15(1)(a) of the FOI Act to further records relating to controversy/publicity over Pride Flags

Ratio Decidendi

TCD did not take all reasonable steps to ascertain the whereabouts of all relevant records; refusal under section 15(1)(a) was not justified.

Court Disposition

Decision annulled; request to be considered afresh.

Orders

  • TCD's refusal under section 15(1)(a) annulled.
  • TCD directed to conduct a fresh decision-making process on the request.