Ms H and Tusla (Tusla) [2022] IEIC 125671 (23 November 2022)

Ms H and Tusla (Tusla) [2022] IEIC 125671 (23 November 2022)

Tusla did not apply section 37 exemptions consistently and may have excessively restricted access; the appropriate remedy is to annul the decision and remit the matter for a fresh decision-making process. On the search for additional records, Tusla must provide details of searches directly to the applicant in the new decision.

Citation
[2022] IEIC 125671
Parties
Applicant: Ms H; Respondent: Tusla
Jurisdiction
Ireland
Judgment Date
23 November 2022
Procedural Posture
FOI Review / Decision on Review
Outcome
decision annulled and remitted
Legal Topics
Access to Records, Personal Information, Joint Personal Information, Administrative Refusal, Search for Records
Freedom of Information Privacy Law Access to Records Personal Information Joint Personal Information Administrative Refusal Search for Records

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Parties

Ms H

Applicant

Tusla

Respondent

Procedural Posture

FOI Review / Decision on Review

Legal Issues

  1. 1 Whether Tusla was justified in refusing access under sections 37(1) and 37(7) of the FOI Act to information in partially released records on the basis that it is personal information of others
  2. 2 Whether Tusla was justified in refusing access to additional records under section 15(1)(a) of the FOI Act

Ratio Decidendi

Tusla did not apply section 37 exemptions consistently and may have excessively restricted access; the appropriate remedy is to annul the decision and remit the matter for a fresh decision-making process. On the search for additional records, Tusla must provide details of searches directly to the applicant in the new decision.

Court Disposition

decision annulled and remitted

Orders

  • Tusla to undertake a fresh decision-making process in respect of the applicant's request
  • Tusla to provide details of searches for records directly to the applicant in the new decision