Mr. Y and the Defence Forces [2021] IEIC OIC-111493-Z0B8S7 (2 November 2021)

Mr. Y and the Defence Forces [2021] IEIC OIC-111493-Z0B8S7 (2 November 2021)

The Defence Forces was justified in refusing access because the records were created before the effective date of the FOI Act as it applies to the Defence Forces, and neither exception under section 11(5) applies. The records do not relate to personal information about the applicant, nor is there a record created after the effective date that cannot be understood without the earlier records.

Citation
[2021] IEIC OIC-111493-Z0B8S7
Parties
Applicant: Mr. Y; Respondent: Defence Forces
Jurisdiction
Ireland
Judgment Date
02 November 2021
Procedural Posture
FOI Review / Decision on Review by Information Commissioner
Outcome
request refused; original decision affirmed
Legal Topics
Access to Records, Effective Date of FOI Act, Personal Information Exclusion
Administrative Law Freedom of Information Access to Records Effective Date of FOI Act Personal Information Exclusion

Case Brief

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Parties

Mr. Y

Applicant

Defence Forces

Respondent

Procedural Posture

FOI Review / Decision on Review by Information Commissioner

Legal Issues

  1. 1 Whether the Defence Forces was justified in refusing access to reports/investigations relating to a 1988 shooting incident on the ground that the records were created before the effective date of the FOI Act as it applies to the Defence Forces
  2. 2 Whether the records relate to personal information about the applicant so as to trigger an exception under section 11(5)(b)

Ratio Decidendi

The Defence Forces was justified in refusing access because the records were created before the effective date of the FOI Act as it applies to the Defence Forces, and neither exception under section 11(5) applies. The records do not relate to personal information about the applicant, nor is there a record created after the effective date that cannot be understood without the earlier records.

Court Disposition

request refused; original decision affirmed

Orders

  • The decision of the Defence Forces to refuse access to the requested records is affirmed.