Mr Y and Defence Forces (Defence Forces) [2022] IEIC 125166 (29 August 2022)

Mr Y and Defence Forces (Defence Forces) [2022] IEIC 125166 (29 August 2022)

Section 37(1) applies because the records contain joint personal information that cannot be released without disclosing third party personal information; no public interest factors outweigh privacy rights; Defence Forces was justified in refusing access.

Citation
[2022] IEIC 125166
Parties
Applicant: Mr Y; Respondent: Defence Forces
Jurisdiction
Ireland
Judgment Date
29 August 2022
Procedural Posture
FOI Review / Final Decision
Outcome
request refused
Legal Topics
Personal Information, Public Interest, Joint Personal Information, FOI Exemptions
Freedom of Information Privacy Law Personal Information Public Interest Joint Personal Information FOI Exemptions

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Parties

Mr Y

Applicant

Defence Forces

Respondent

Procedural Posture

FOI Review / Final Decision

Legal Issues

  1. 1 Whether Defence Forces was justified in refusing access to records under sections 32(1)(b) and/or 37(1) of the FOI Act

Ratio Decidendi

Section 37(1) applies because the records contain joint personal information that cannot be released without disclosing third party personal information; no public interest factors outweigh privacy rights; Defence Forces was justified in refusing access.

Court Disposition

request refused

Orders

  • Decision of Defence Forces affirmed; access to records 2, 3 and 4 refused under section 37(1) of the FOI Act.