Mr Z and RTÉ [2024] IEIC 150938 (08 November 2024)

Mr Z and RTÉ [2024] IEIC 150938 (08 November 2024)

RTÉ was justified in refusing the request under section 15(1)(a) of the FOI Act because no record exists or can be created from its systems that would provide the number of times the specific advertisement was shown, and all reasonable steps to locate such a record were taken.

Citation
[2024] IEIC 150938
Parties
Applicant: Mr Z; Respondent: RTÉ
Jurisdiction
Ireland
Judgment Date
08 November 2024
Procedural Posture
FOI Appeal / Decision of Information Commissioner Following Review
Outcome
request refused; decision affirmed
Legal Topics
Refusal of Access, Existence of Records, Section 15(1)(a) FOI Act, Section 17(4) FOI Act, Adequacy of Search
Freedom of Information Refusal of Access Existence of Records Section 15(1)(a) FOI Act Section 17(4) FOI Act Adequacy of Search

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Parties

Mr Z

Applicant

RTÉ

Respondent

Procedural Posture

FOI Appeal / Decision of Information Commissioner Following Review

Legal Issues

  1. 1 Whether RTÉ was justified in refusing access to information about the number of times a specific advertisement was shown on the ground that it does not hold a record containing the information sought

Ratio Decidendi

RTÉ was justified in refusing the request under section 15(1)(a) of the FOI Act because no record exists or can be created from its systems that would provide the number of times the specific advertisement was shown, and all reasonable steps to locate such a record were taken.

Court Disposition

request refused; decision affirmed