Mr Y and Clare County Council (Clare County Council) [2022] IEIC 123150 (26 September 2022)

Mr Y and Clare County Council (Clare County Council) [2022] IEIC 123150 (26 September 2022)

The Council provided a reasonable and substantiated estimate that the cost of search and retrieval would exceed the €700 ceiling, complied with statutory requirements to assist the requester, and was therefore justified in refusing the request under section 27(12) of the FOI Act.

Citation
[2022] IEIC 123150
Parties
Applicant: Mr Y; Respondent: Clare County Council
Jurisdiction
Ireland
Judgment Date
26 September 2022
Procedural Posture
Freedom of Information Review / Decision on Review by Information Commissioner
Outcome
Request refused; Council's decision affirmed
Legal Topics
FOI Request Refusal, Search and Retrieval Fees, Section 27(12) FOI Act, Public Records Access
Administrative Law Freedom of Information FOI Request Refusal Search and Retrieval Fees Section 27(12) FOI Act Public Records Access

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Parties

Mr Y

Applicant

Clare County Council

Respondent

Procedural Posture

Freedom of Information Review / Decision on Review by Information Commissioner

Legal Issues

  1. 1 Whether the Council was justified in refusing the FOI request under section 27(12) of the FOI Act due to estimated search and retrieval costs exceeding €700

Ratio Decidendi

The Council provided a reasonable and substantiated estimate that the cost of search and retrieval would exceed the €700 ceiling, complied with statutory requirements to assist the requester, and was therefore justified in refusing the request under section 27(12) of the FOI Act.

Court Disposition

Request refused; Council's decision affirmed