Mr X and Trinity College Dublin (Trinity College Dublin) [2021] IEIC 100140 (16 April 2021)

Mr X and Trinity College Dublin (Trinity College Dublin) [2021] IEIC 100140 (16 April 2021)

Trinity College Dublin does not hold the requested emails for the purposes of section 11(1) of the FOI Act because the emails are sent from a former student's account in a private capacity, are not connected to TCD's business or functions, and TCD is not entitled to access the information in the records.

Citation
[2021] IEIC 100140
Parties
Applicant: Mr X; Respondent: Trinity College Dublin
Jurisdiction
Ireland
Judgment Date
16 April 2021
Procedural Posture
FOI Review / Decision of Information Commissioner Following Internal Review
Outcome
request refused and refusal affirmed
Legal Topics
Meaning of 'held' Under FOI Act, Access to Records, University Alumni Email Accounts

Case Brief

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Parties

Mr X

Applicant

Trinity College Dublin

Respondent

Procedural Posture

FOI Review / Decision of Information Commissioner Following Internal Review

  1. 1 Whether Trinity College Dublin holds emails sent from a former student's account for the purposes of section 11(1) of the FOI Act

Ratio Decidendi

Trinity College Dublin does not hold the requested emails for the purposes of section 11(1) of the FOI Act because the emails are sent from a former student's account in a private capacity, are not connected to TCD's business or functions, and TCD is not entitled to access the information in the records.

Court Disposition

request refused and refusal affirmed

Orders

  • TCD's refusal to grant access to the requested emails is affirmed.