Ms E and An Garda Siochana [2021] IEIC OIC-106152 (20 July 2021)

Ms E and An Garda Siochana [2021] IEIC OIC-106152 (20 July 2021)

AGS was justified in refusing access to the requested records under sections 15(1)(a) and 37(1) of the FOI Act because the only records identified were exempt as personal information, and no further records exist or can be found after reasonable searches. The public interest in disclosure did not outweigh the right to privacy, and the scope of AGS's FOI obligations is limited by statute.

Citation
[2021] IEIC OIC-106152
Parties
Applicant: Ms E; Respondent: An Garda Síochána
Jurisdiction
Ireland
Judgment Date
20 July 2021
Procedural Posture
FOI Appeal / Decision of Information Commissioner Following Internal Review
Outcome
Refusal of access affirmed
Legal Topics
FOI Refusal, Personal Information Exemption, Adequacy of Search, Scope of FOI Act
Freedom of Information Administrative Law Privacy Law FOI Refusal Personal Information Exemption Adequacy of Search Scope of FOI Act

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Parties

Ms E

Applicant

An Garda Síochána

Respondent

Procedural Posture

FOI Appeal / Decision of Information Commissioner Following Internal Review

Legal Issues

  1. 1 Whether AGS was justified in refusing access to records relating to the Jerusalema Challenge under sections 15(1)(a) and 37(1) of the FOI Act
  2. 2 Whether the records sought exist or are exempt as personal information
  3. 3 Whether AGS conducted adequate searches for the requested records

Ratio Decidendi

AGS was justified in refusing access to the requested records under sections 15(1)(a) and 37(1) of the FOI Act because the only records identified were exempt as personal information, and no further records exist or can be found after reasonable searches. The public interest in disclosure did not outweigh the right to privacy, and the scope of AGS's FOI obligations is limited by statute.

Court Disposition

Refusal of access affirmed