Mr X and TUSLA (FOI Act 2014) [2015] IEIC 150121 (20 October 2015)

Mr X and TUSLA (FOI Act 2014) [2015] IEIC 150121 (20 October 2015)

Section 37(1) of the FOI Act applies as the records contain personal information of individuals other than the applicant, and no exceptions under section 37(2) or public interest override under section 37(5) apply. The applicant's interest is private, not a true public interest, and the right to privacy outweighs...

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Citation
[2015] IEIC 150121
Parties
Applicant: Mr X; Respondent: TUSLA
Jurisdiction
Ireland
Judgment Date
20 October 2015
Procedural Posture
Freedom of Information Review / Decision on Review by Information Commissioner
Outcome
Refusal of access affirmed
Legal Topics
Access to Information, Personal Data Protection, Confidentiality, Public Interest Balancing
Administrative Law Freedom of Information Access to Information Personal Data Protection Confidentiality Public Interest Balancing

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Parties

Mr X

Applicant

TUSLA

Respondent

Procedural Posture

Freedom of Information Review / Decision on Review by Information Commissioner

Legal Issues

  1. 1 Whether TUSLA was justified in refusing access to records under sections 35 and 37 of the FOI Act 2014 on the basis of confidentiality and protection of third-party personal information

Ratio Decidendi

Section 37(1) of the FOI Act applies as the records contain personal information of individuals other than the applicant, and no exceptions under section 37(2) or public interest override under section 37(5) apply. The applicant's interest is private, not a true public interest, and the right to privacy outweighs the interest in disclosure.

Court Disposition

Refusal of access affirmed

Orders

  • Decision of TUSLA to refuse access to the records is affirmed under section 37(1) of the FOI Act.