Mr X and University College Dublin (FOI Act 2014) [2015] IEIC 150241 (25 November 2015)

Mr X and University College Dublin (FOI Act 2014) [2015] IEIC 150241 (25 November 2015)

The Information Commissioner found that the applicant's original written request and internal review request defined the scope, and that UCD was not justified in refusing the request on the basis that no further records existed, as further relevant records may exist that had not been considered for release.

Citation
[2015] IEIC 150241
Parties
Applicant: Mr X; Respondent: University College Dublin
Jurisdiction
Ireland
Judgment Date
25 November 2015
Procedural Posture
FOI Review / Decision of Information Commissioner
Outcome
UCD's decision annulled; fresh decision required
Legal Topics
Scope of FOI Request, Existence of Records, Section 15(1)(a) FOI Act 2014, Procedural Fairness
Administrative Law Freedom of Information Scope of FOI Request Existence of Records Section 15(1)(a) FOI Act 2014 Procedural Fairness

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Parties

Mr X

Applicant

University College Dublin

Respondent

Procedural Posture

FOI Review / Decision of Information Commissioner

Legal Issues

  1. 1 Whether UCD was justified in refusing access to further records under section 15(1)(a) of the FOI Act 2014
  2. 2 Whether the scope of the applicant's FOI request was properly determined

Ratio Decidendi

The Information Commissioner found that the applicant's original written request and internal review request defined the scope, and that UCD was not justified in refusing the request on the basis that no further records existed, as further relevant records may exist that had not been considered for release.

Court Disposition

UCD's decision annulled; fresh decision required

Orders

  • UCD to undertake a fresh decision making process under the FOI Act 2014 on the applicant's original request dated 2 February 2015