Mr Z and the State Examinations Commission (FOI Act 2014) (State Examinations Commission) [2017] IEIC 170387 (22 December 2017)

Mr Z and the State Examinations Commission (FOI Act 2014) (State Examinations Commission) [2017] IEIC 170387 (22 December 2017)

The SEC was justified in refusing access under section 15(1)(a) of the FOI Act because the records sought do not exist and the FOI Act does not require creation of new records. Even if the records existed, disclosure would be prohibited by section 53 of the Education Act 1998, mandating refusal under section 41(1).

Source-derived case information.

Citation
[2017] IEIC 170387
Parties
Applicant: Mr Z; Respondent: State Examinations Commission
Jurisdiction
Ireland
Judgment Date
22 December 2017
Procedural Posture
FOI Review / Decision on Review
Outcome
Request refused; SEC's decision varied and affirmed under section 15(1)(a) FOI Act 2014.
Legal Topics
Access to Information, Refusal of Records, Statutory Prohibition, Education Act 1998, FOI Act 2014
Administrative Law Education Law Freedom of Information Access to Information Refusal of Records Statutory Prohibition Education Act 1998 FOI Act 2014

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr Z

Applicant

State Examinations Commission

Respondent

Procedural Posture

FOI Review / Decision on Review

Legal Issues

  1. 1 Whether the SEC was justified in refusing access to information relating to Leaving Certificate 2016 results categorised by school type under section 15(1)(a) and/or section 41(1) of the FOI Act

Ratio Decidendi

The SEC was justified in refusing access under section 15(1)(a) of the FOI Act because the records sought do not exist and the FOI Act does not require creation of new records. Even if the records existed, disclosure would be prohibited by section 53 of the Education Act 1998, mandating refusal under section 41(1).

Court Disposition

Request refused; SEC's decision varied and affirmed under section 15(1)(a) FOI Act 2014.