Mr X and University College Cork [2003] IEIC 020485 (4 March 2003)

Mr X and University College Cork [2003] IEIC 020485 (4 March 2003)

UCC was justified in refusing to provide a statement of reasons under section 18 of the FOI Act for the 1999 competition because the Act does not apply retrospectively to acts occurring before UCC was prescribed as a public body. The statement of reasons provided for the 2001 competition met the requirements of section 18. UCC was also justified in refusing access to certain records containing personal information under section 28(1), but not to general comments or areas for improvement that did not identify individuals.

Citation
[2003] IEIC 020485
Parties
Applicant: Mr X; Respondent: University College Cork
Jurisdiction
Ireland
Judgment Date
04 March 2003
Procedural Posture
Freedom of Information Review / Decision of the Information Commissioner Under Section 34(2) of the Freedom of Information Act, 1997
Outcome
Varied in part, otherwise affirmed
Legal Topics
Retrospective Application of Statutes, Right to Statement of Reasons, Access to Records, Personal Information Exemption
Administrative Law Freedom of Information Retrospective Application of Statutes Right to Statement of Reasons Access to Records Personal Information Exemption

Case Brief

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Parties

Mr X

Applicant

University College Cork

Respondent

Procedural Posture

Freedom of Information Review / Decision of the Information Commissioner Under Section 34(2) of the Freedom of Information Act, 1997

Legal Issues

  1. 1 Whether UCC is required to provide a statement of reasons under section 18 of the FOI Act for an act occurring before it was prescribed as a public body
  2. 2 Whether the statement of reasons provided for the 2001 competition meets the requirements of section 18
  3. 3 Whether UCC was justified in refusing access to certain records under section 28(1) (personal information)

Ratio Decidendi

UCC was justified in refusing to provide a statement of reasons under section 18 of the FOI Act for the 1999 competition because the Act does not apply retrospectively to acts occurring before UCC was prescribed as a public body. The statement of reasons provided for the 2001 competition met the requirements of section 18. UCC was also justified in refusing access to certain records containing personal information under section 28(1), but not to general comments or areas for improvement that did not identify individuals.

Court Disposition

Varied in part, otherwise affirmed

Orders

  • UCC to grant access to paragraph 5 on page 3 of record 6
  • UCC to grant access to paragraph 5 on page 2 of record 22