Mr X and Wicklow County Council (FOI Act 2014) [2016] IEIC 160106 (27 July 2016)

Mr X and Wicklow County Council (FOI Act 2014) [2016] IEIC 160106 (27 July 2016)

The Council was justified in refusing access to the requested records because they do not exist or cannot be found after all reasonable steps to ascertain their whereabouts have been taken, as required by section 15(1)(a) of the FOI Act.

Citation
[2016] IEIC 160106
Parties
Applicant: Mr X; Respondent: Wicklow County Council
Jurisdiction
Ireland
Judgment Date
27 July 2016
Procedural Posture
Freedom of Information Review / Final Determination by Information Commissioner
Outcome
decision affirmed
Legal Topics
Freedom of Information Act 2014, Access to Records, Public Administration
Administrative Law Information Law Freedom of Information Act 2014 Access to Records Public Administration

Case Brief

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Parties

Mr X

Applicant

Wicklow County Council

Respondent

Procedural Posture

Freedom of Information Review / Final Determination by Information Commissioner

Legal Issues

  1. 1 Whether the Council was justified in refusing access to certain planning complaint files under section 15(1)(a) of the FOI Act

Ratio Decidendi

The Council was justified in refusing access to the requested records because they do not exist or cannot be found after all reasonable steps to ascertain their whereabouts have been taken, as required by section 15(1)(a) of the FOI Act.

Court Disposition

decision affirmed

Orders

  • Council's refusal of access to further records affirmed under section 15(1)(a) FOI Act