Ms A and Cork County Council [2014] IEIC 130181 (22 December 2014)

Ms A and Cork County Council [2014] IEIC 130181 (22 December 2014)

The Council was justified in refusing access to record 1 under section 21(1)(b), records 2-13, 14 (in part), and 17 under section 22(1)(a), and parts of records 14, 18, 20, 21, and 22 under section 28. The Council was not justified in refusing access to the remaining information, particularly under section 26(1)(a), as the confidential information exemption did not apply to staff-prepared records absent a duty of confidence owed to a non-staff third party.

Citation
[2014] IEIC 130181
Parties
Applicant: Ms A; Respondent: Cork County Council
Jurisdiction
Ireland
Judgment Date
22 December 2014
Procedural Posture
FOI Appeal / Decision of Information Commissioner Following Review
Outcome
Council decision varied; partial release ordered
Legal Topics
FOI Exemptions, Legal Professional Privilege, Confidential Information, Personal Data Protection
Administrative Law Freedom of Information FOI Exemptions Legal Professional Privilege Confidential Information Personal Data Protection

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Parties

Ms A

Applicant

Cork County Council

Respondent

Procedural Posture

FOI Appeal / Decision of Information Commissioner Following Review

Legal Issues

  1. 1 Whether Cork County Council was justified in refusing access to certain records under sections 21(1)(b), 22(1)(a), 26(1)(a), and 28 of the FOI Act

Ratio Decidendi

The Council was justified in refusing access to record 1 under section 21(1)(b), records 2-13, 14 (in part), and 17 under section 22(1)(a), and parts of records 14, 18, 20, 21, and 22 under section 28. The Council was not justified in refusing access to the remaining information, particularly under section 26(1)(a), as the confidential information exemption did not apply to staff-prepared records absent a duty of confidence owed to a non-staff third party.

Court Disposition

Council decision varied; partial release ordered

Orders

  • Release records 15, 16, and 19 in full
  • Release records 14, 18, 20, 21, and 22 subject to redaction of exempt information as specified