Mr Y and Central Statistics Office (FOI Act 2014) [2016] IEIC 150292 (19 January 2016)

Mr Y and Central Statistics Office (FOI Act 2014) [2016] IEIC 150292 (19 January 2016)

Section 33(1) of the Statistics Act 1993 does not prohibit disclosure to the individual concerned where written consent exists; therefore, non-disclosure is not authorised in these circumstances and section 41(1)(b) of the FOI Act does not apply. The CSO was not justified in refusing access on this ground.

Citation
[2016] IEIC 150292
Parties
Applicant: Mr Y; Respondent: Central Statistics Office
Jurisdiction
Ireland
Judgment Date
19 January 2016
Procedural Posture
FOI Review / Decision of Information Commissioner Following Review
Outcome
CSO's decision annulled; fresh decision required
Legal Topics
FOI Act 2014 Section 41(1)(b), Statistics Act 1993 Section 33, Access to Personal Data, Statutory Confidentiality
Administrative Law Freedom of Information FOI Act 2014 Section 41(1)(b) Statistics Act 1993 Section 33 Access to Personal Data Statutory Confidentiality

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Parties

Mr Y

Applicant

Central Statistics Office

Respondent

Procedural Posture

FOI Review / Decision of Information Commissioner Following Review

Legal Issues

  1. 1 Whether the CSO was justified in refusing access to census information about the applicant under section 41(1)(b) of the FOI Act on the basis of the Statistics Act 1993

Ratio Decidendi

Section 33(1) of the Statistics Act 1993 does not prohibit disclosure to the individual concerned where written consent exists; therefore, non-disclosure is not authorised in these circumstances and section 41(1)(b) of the FOI Act does not apply. The CSO was not justified in refusing access on this ground.

Court Disposition

CSO's decision annulled; fresh decision required

Orders

  • CSO to undertake a fresh decision making process on the applicant's request and inform the applicant of its decision in accordance with section 13 of the FOI Act.