Ms G and TUSLA (FOI Act 2014) [2017] IEIC 160541 (15 May 2017)

Ms G and TUSLA (FOI Act 2014) [2017] IEIC 160541 (15 May 2017)

TUSLA was justified in refusing access to further records under section 15(1)(a) as no additional records exist or could be located after reasonable steps. TUSLA was justified in withholding certain records under sections 31(1)(b), 37(7), and 42(m)(i) due to personal information and confidentiality. However, TUSLA was not justified in refusing access to a small number of records under section 37(1), which should be released with appropriate redactions.

Citation
[2017] IEIC 160541
Parties
Applicant: Ms G; Respondent: TUSLA
Jurisdiction
Ireland
Judgment Date
15 May 2017
Procedural Posture
Freedom of Information Review / Decision of the Information Commissioner Following Review Under Section 22(2) of the FOI Act 2014
Outcome
Varied; TUSLA's refusal affirmed in part and varied in part.
Legal Topics
Access to Information, Exemptions Under FOI Act, Personal Information, Public Interest, Records Management
Administrative Law Freedom of Information Access to Information Exemptions Under FOI Act Personal Information Public Interest Records Management

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Parties

Ms G

Applicant

TUSLA

Respondent

Procedural Posture

Freedom of Information Review / Decision of the Information Commissioner Following Review Under Section 22(2) of the FOI Act 2014

Legal Issues

  1. 1 Whether TUSLA was justified in refusing access to further records on the basis that they did not exist or could not be located after all reasonable steps were taken (section 15(1)(a) FOI Act)
  2. 2 Whether TUSLA was justified in withholding records in full or in part on the basis of section 37 (personal information) and other exemptions under the FOI Act

Ratio Decidendi

TUSLA was justified in refusing access to further records under section 15(1)(a) as no additional records exist or could be located after reasonable steps. TUSLA was justified in withholding certain records under sections 31(1)(b), 37(7), and 42(m)(i) due to personal information and confidentiality. However, TUSLA was not justified in refusing access to a small number of records under section 37(1), which should be released with appropriate redactions.

Court Disposition

Varied; TUSLA's refusal affirmed in part and varied in part.

Orders

  • Affirmed refusal of access to records under sections 31(1)(b), 37(7), 42(m)(i), and 15(1)(a) of the FOI Act.
  • Directed release of specified records with redaction of third party personal information.