Mr Y and Tusla (Tusla) [2022] IEIC 120376 (13 September 2022)

Mr Y and Tusla (Tusla) [2022] IEIC 120376 (13 September 2022)

Section 37(1) applies as the withheld information comprises personal information relating to individuals other than the applicant and his son, or joint personal information, and no relevant public interest outweighs the right to privacy of those individuals.

Citation
[2022] IEIC 120376
Parties
Applicant: Mr Y; Respondent: Tusla
Jurisdiction
Ireland
Judgment Date
13 September 2022
Procedural Posture
FOI Review / Final Decision
Outcome
decision affirmed
Legal Topics
Third Party Personal Information, Public Interest Test, Child Protection Records
Freedom of Information Privacy Law Third Party Personal Information Public Interest Test Child Protection Records

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Parties

Mr Y

Applicant

Tusla

Respondent

Procedural Posture

FOI Review / Final Decision

Legal Issues

  1. 1 Whether Tusla was justified in refusing access to certain information under section 37 of the FOI Act on the ground that disclosure would involve the disclosure of personal information relating to third parties

Ratio Decidendi

Section 37(1) applies as the withheld information comprises personal information relating to individuals other than the applicant and his son, or joint personal information, and no relevant public interest outweighs the right to privacy of those individuals.

Court Disposition

decision affirmed

Orders

  • Tusla's refusal of access under section 37(1) is affirmed