Mr Z and the Defence Forces [2014] IEIC 140174 (23 December 2014)
The applicant failed to provide sufficient evidence to satisfy the Commissioner, on the balance of probabilities, that the statement in the Assessment Report was incomplete, incorrect or misleading. Therefore, the Defence Forces was justified in refusing to amend the report under section 17 of the FOI Act.
- Citation
- [2014] IEIC 140174
- Parties
- Applicant: Mr Z; Respondent: Defence Forces
- Jurisdiction
- Ireland
- Judgment Date
- 23 December 2014
- Procedural Posture
- Freedom of Information Review / Final Decision by Information Commissioner
- Outcome
- Application refused; decision of Defence Forces affirmed.
- Legal Topics
- Amendment of Records, Personal Information, Burden of Proof, Section 17 FOI Act
Case Brief
Summary, issues, holding and outcome
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Parties
Mr Z
Applicant
Defence Forces
Respondent
Procedural Posture
Freedom of Information Review / Final Decision by Information Commissioner
Legal Issues
- 1 Whether the Defence Forces was justified in refusing to amend a statement in an Assessment Report under section 17 of the FOI Act
Ratio Decidendi
The applicant failed to provide sufficient evidence to satisfy the Commissioner, on the balance of probabilities, that the statement in the Assessment Report was incomplete, incorrect or misleading. Therefore, the Defence Forces was justified in refusing to amend the report under section 17 of the FOI Act.
Court Disposition
Application refused; decision of Defence Forces affirmed.
Orders
- The decision of the Defence Forces to refuse amendment is affirmed.
- A copy of the applicant's request for amendment is to be attached to the Assessment Report.
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