Ms. A and the TUSLA (FOI Act 2014) (TUSLA) [2017] IEIC 170148 (29 November 2017)

Ms. A and the TUSLA (FOI Act 2014) (TUSLA) [2017] IEIC 170148 (29 November 2017)

TUSLA was justified in refusing access to the withheld information because it comprised personal or joint personal information of third parties, and the public interest in disclosure did not outweigh the right to privacy of those individuals under sections 28(1) and 28(5B) of the FOI Act.

Citation
[2017] IEIC 170148
Parties
Applicant: Ms. A; Respondent: TUSLA
Jurisdiction
Ireland
Judgment Date
29 November 2017
Procedural Posture
FOI Review / Decision on Review Under Section 34(2) of the FOI Act
Outcome
request refused; decision of TUSLA affirmed
Legal Topics
Freedom of Information, Personal Data, Privacy, Public Interest
Administrative Law Information Law Freedom of Information Personal Data Privacy Public Interest

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Parties

Ms. A

Applicant

TUSLA

Respondent

Procedural Posture

FOI Review / Decision on Review Under Section 34(2) of the FOI Act

Legal Issues

  1. 1 Whether TUSLA was justified in withholding information relating to third parties from records on the applicant's file under sections 26 and 28 of the FOI Act

Ratio Decidendi

TUSLA was justified in refusing access to the withheld information because it comprised personal or joint personal information of third parties, and the public interest in disclosure did not outweigh the right to privacy of those individuals under sections 28(1) and 28(5B) of the FOI Act.

Court Disposition

request refused; decision of TUSLA affirmed

Orders

  • Access to the withheld records is refused under section 28 of the FOI Act.