Mr. X and University College Cork [2024] IEIC 150556 (09 December 2024)

Mr. X and University College Cork [2024] IEIC 150556 (09 December 2024)

UCC was justified in refusing the request under section 15(1)(a) because it took all reasonable steps to locate the records and none exist or can be found. The question of section 15(1)(g) was moot given the non-existence of records.

Citation
[2024] IEIC 150556
Parties
Applicant: Mr. X; Respondent: University College Cork
Jurisdiction
Ireland
Judgment Date
09 December 2024
Procedural Posture
Freedom of Information Review / Final Decision by Information Commissioner
Outcome
request refused
Legal Topics
FOI Refusal, Record Existence, Reasonable Search, Abuse of Process
Administrative Law Freedom of Information FOI Refusal Record Existence Reasonable Search Abuse of Process

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Parties

Mr. X

Applicant

University College Cork

Respondent

Procedural Posture

Freedom of Information Review / Final Decision by Information Commissioner

Legal Issues

  1. 1 Whether UCC was justified in refusing access under sections 15(1)(a) and/or 15(1)(g) of the FOI Act to records of engagements/services and payments involving a named individual

Ratio Decidendi

UCC was justified in refusing the request under section 15(1)(a) because it took all reasonable steps to locate the records and none exist or can be found. The question of section 15(1)(g) was moot given the non-existence of records.

Court Disposition

request refused

Orders

  • UCC's refusal of access under section 15(1)(a) affirmed