Mr X and University College Cork (UCC) (FOI Act 2014) [2016] IEIC 150444 (1 June 2016)

Mr X and University College Cork (UCC) (FOI Act 2014) [2016] IEIC 150444 (1 June 2016)

Release of Section 3 and Appendix G of PwC's tender submission could prejudice PwC's competitive position and is commercially sensitive; partial release would be misleading and not practicable; on balance, the public interest does not outweigh the harm in disclosure; refusal under section 36(1)(b) is justified.

Source-derived case information.

Citation
[2016] IEIC 150444
Parties
Applicant: Mr X; Respondent: University College Cork (UCC); Third Party: PwC
Jurisdiction
Ireland
Judgment Date
01 June 2016
Procedural Posture
Freedom of Information Review / Decision of Information Commissioner Following Internal Review
Outcome
Refusal affirmed
Legal Topics
FOI Refusal, Commercial Sensitivity, Public Interest Balancing, Procurement Transparency
Administrative Law Freedom of Information FOI Refusal Commercial Sensitivity Public Interest Balancing Procurement Transparency

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Parties

Mr X

Applicant

University College Cork (UCC)

Respondent

PwC

Third Party

Procedural Posture

Freedom of Information Review / Decision of Information Commissioner Following Internal Review

Legal Issues

  1. 1 Whether UCC was justified in refusing access to sections of PwC's tender submission under sections 35(1)(a) and 36(1)(b) of the FOI Act 2014
  2. 2 Whether the public interest would be better served by release of the records

Ratio Decidendi

Release of Section 3 and Appendix G of PwC's tender submission could prejudice PwC's competitive position and is commercially sensitive; partial release would be misleading and not practicable; on balance, the public interest does not outweigh the harm in disclosure; refusal under section 36(1)(b) is justified.

Court Disposition

Refusal affirmed

Orders

  • Decision of UCC to refuse access to Section 3 and Appendix G of PwC's tender submission is affirmed under section 36(1)(b) of the FOI Act.