Mr Z and The Defence Forces (FOI Act 2014) [2017] IEIC 170041 (24 April 2017)

Mr Z and The Defence Forces (FOI Act 2014) [2017] IEIC 170041 (24 April 2017)

The Defence Forces was justified in refusing access to the draft report as all reasonable steps were taken to locate it and it no longer exists.

Citation
[2017] IEIC 170041
Parties
Applicant: Mr Z; Respondent: The Defence Forces
Jurisdiction
Ireland
Judgment Date
24 April 2017
Procedural Posture
Freedom of Information Review / Final Determination by Information Commissioner
Outcome
decision affirmed
Legal Topics
Freedom of Information, Record Retention, Access to Documents

Case Brief

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Parties

Mr Z

Applicant

The Defence Forces

Respondent

Procedural Posture

Freedom of Information Review / Final Determination by Information Commissioner

  1. 1 Whether the Defence Forces was justified in refusing access to a draft investigation report on the ground that the record no longer exists

Ratio Decidendi

The Defence Forces was justified in refusing access to the draft report as all reasonable steps were taken to locate it and it no longer exists.

Court Disposition

decision affirmed

Orders

  • The decision of the Defence Forces to refuse access to the draft investigation report is affirmed.