Mr X and TUSLA (FOI Act 2014) [2017] IEIC 170214 (26 July 2017)

Mr X and TUSLA (FOI Act 2014) [2017] IEIC 170214 (26 July 2017)

The records contain joint personal information relating to the applicant's son and other individuals. None of the exceptions under section 37(2) apply, and the public interest in granting access does not outweigh the right to privacy of the third parties. Therefore, TUSLA is justified in refusing access under sections 37(1) and 37(7) of the FOI Act.

Citation
[2017] IEIC 170214
Parties
Applicant: Mr X; Respondent: TUSLA
Jurisdiction
Ireland
Judgment Date
26 July 2017
Procedural Posture
Freedom of Information Review / Decision of Information Commissioner on Review
Outcome
Refusal of access affirmed
Legal Topics
Access to Information, Personal Information Exemption, Public Interest Test, Joint Personal Information
Administrative Law Freedom of Information Access to Information Personal Information Exemption Public Interest Test Joint Personal Information

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Parties

Mr X

Applicant

TUSLA

Respondent

Procedural Posture

Freedom of Information Review / Decision of Information Commissioner on Review

Legal Issues

  1. 1 Whether TUSLA was justified in refusing access to records concerning a report about the applicant's son under sections 30 and 37 of the FOI Act

Ratio Decidendi

The records contain joint personal information relating to the applicant's son and other individuals. None of the exceptions under section 37(2) apply, and the public interest in granting access does not outweigh the right to privacy of the third parties. Therefore, TUSLA is justified in refusing access under sections 37(1) and 37(7) of the FOI Act.

Court Disposition

Refusal of access affirmed

Orders

  • TUSLA's decision to refuse access to the records under sections 37(1) and 37(7) of the FOI Act is affirmed.