Mr Y and the Defence Forces [2015] IEIC 150014 (14 May 2015)

Mr Y and the Defence Forces [2015] IEIC 150014 (14 May 2015)

The Defence Forces took all reasonable steps to locate the requested records, and any further records either do not exist or cannot be found; therefore, refusal of access under section 10(1)(a) of the FOI Act was justified.

Citation
[2015] IEIC 150014
Parties
Applicant: Mr Y; Respondent: Defence Forces
Jurisdiction
Ireland
Judgment Date
14 May 2015
Procedural Posture
Freedom of Information Review / Final Decision by Information Commissioner
Outcome
Refusal of access affirmed
Legal Topics
Access to Records, Reasonable Search, Non Existence of Records
Administrative Law Freedom of Information Access to Records Reasonable Search Non Existence of Records

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Parties

Mr Y

Applicant

Defence Forces

Respondent

Procedural Posture

Freedom of Information Review / Final Decision by Information Commissioner

Legal Issues

  1. 1 Whether the Defence Forces was justified in refusing access to further medical records under section 10(1)(a) of the FOI Act on the basis that the records do not exist or cannot be found after all reasonable steps have been taken

Ratio Decidendi

The Defence Forces took all reasonable steps to locate the requested records, and any further records either do not exist or cannot be found; therefore, refusal of access under section 10(1)(a) of the FOI Act was justified.

Court Disposition

Refusal of access affirmed

Orders

  • Defence Forces' decision to refuse access to further records under section 10(1)(a) of the FOI Act is affirmed.