Mr Y and Cork County Council (Cork County Council) [2022] IEIC OIC-114063 (13 June 2022)

The Council was justified in refusing access to the requested records under section 15(1)(a) of the FOI Act because, after taking all reasonable steps, no such records exist or can be found.

Citation: [2022] IEIC OIC-114063
Parties: Applicant: Mr Y; Respondent: Cork County Council
Jurisdiction: Ireland
Judgment Date: 13 June 2022
Procedural Posture: Freedom of Information Review / Decision on Review
Outcome: refusal affirmed
Legal Topics: Refusal of Access to Records, Existence of Records, Public Body Search Obligations

Administrative Law Freedom of Information Refusal of Access to Records Existence of Records Public Body Search Obligations

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Parties

Mr Y

Applicant

Cork County Council

Respondent

Procedural Posture

Freedom of Information Review / Decision on Review

Legal Issues

1 Whether the Council was justified in refusing access to records under section 15(1)(a) of the FOI Act on the basis that no records exist or can be found

Ratio Decidendi

The Council was justified in refusing access to the requested records under section 15(1)(a) of the FOI Act because, after taking all reasonable steps, no such records exist or can be found.

Court Disposition

refusal affirmed

Orders

Council's refusal of access to records under section 15(1)(a) of the FOI Act is affirmed.