Mr Y and the Defence Forces [2015] IEIC 150005 (20 April 2015)

Mr Y and the Defence Forces [2015] IEIC 150005 (20 April 2015)

Disclosure of marks, even with names redacted, would allow identification of individuals due to the small candidate pool and applicant's knowledge, thus constituting disclosure of personal information; public interest in transparency does not outweigh privacy rights in this context.

Citation
[2015] IEIC 150005
Parties
Applicant: Mr Y; Respondent: Defence Forces
Jurisdiction
Ireland
Judgment Date
20 April 2015
Procedural Posture
Freedom of Information Review / Final Determination by Information Commissioner
Outcome
request refused
Legal Topics
Freedom of Information, Personal Information Exemption, Public Interest Balancing
Administrative Law Privacy Law Freedom of Information Personal Information Exemption Public Interest Balancing

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Mr Y

Applicant

Defence Forces

Respondent

Procedural Posture

Freedom of Information Review / Final Determination by Information Commissioner

Legal Issues

  1. 1 Whether disclosure of marks awarded to candidates in a promotion competition constitutes disclosure of personal information under section 28(1) of the FOI Act
  2. 2 Whether public interest outweighs privacy rights under section 28(5) of the FOI Act

Ratio Decidendi

Disclosure of marks, even with names redacted, would allow identification of individuals due to the small candidate pool and applicant's knowledge, thus constituting disclosure of personal information; public interest in transparency does not outweigh privacy rights in this context.

Court Disposition

request refused

Orders

  • Decision of Defence Forces affirmed; access to records containing marks of other candidates refused under section 28(1) of FOI Act