Mr X and University College Cork (FOI Act 2014) (University College Cork) [2017] IEIC 170282 (13 December 2017)

Mr X and University College Cork (FOI Act 2014) (University College Cork) [2017] IEIC 170282 (13 December 2017)

UCC did not meet the burden of proof to justify refusal under section 36(1)(b) for the majority of records; only information relating to third party companies in Record 1 is exempt. Personal information of third parties in Record 1 is exempt under section 37(1). Public interest does not outweigh privacy rights or...

Source-derived case information.

Citation
[2017] IEIC 170282
Parties
Applicant: Mr X; Respondent: University College Cork; Third Party: European Investment Bank
Jurisdiction
Ireland
Judgment Date
13 December 2017
Procedural Posture
Freedom of Information Review / Decision of Information Commissioner
Outcome
UCC's refusal varied; partial release ordered
Legal Topics
Commercial Sensitivity, Public Interest, Personal Information, Access to Records
Administrative Law Freedom of Information Commercial Sensitivity Public Interest Personal Information Access to Records

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Parties

Mr X

Applicant

University College Cork

Respondent

European Investment Bank

Third Party

Procedural Posture

Freedom of Information Review / Decision of Information Commissioner

Legal Issues

  1. 1 Whether UCC was justified in refusing access to records relating to a loan from the EIB on grounds of commercial sensitivity under section 36(1)(b) of the FOI Act
  2. 2 Whether personal information in the records is exempt under section 37(1) of the FOI Act

Ratio Decidendi

UCC did not meet the burden of proof to justify refusal under section 36(1)(b) for the majority of records; only information relating to third party companies in Record 1 is exempt. Personal information of third parties in Record 1 is exempt under section 37(1). Public interest does not outweigh privacy rights or commercial sensitivity for these exemptions.

Court Disposition

UCC's refusal varied; partial release ordered

Orders

  • Release Records 1-4 to applicant, with redaction of information relating to third party companies and individuals in Record 1
  • Release Records 2-4 in full