Ms R and the Defence Forces (FOI Act 2014) (The Defence Forces) [2018] IEIC 170561 (6 April 2018)

Ms R and the Defence Forces (FOI Act 2014) (The Defence Forces) [2018] IEIC 170561 (6 April 2018)

The Defence Forces was justified in refusing access as the footage contained personal information of third parties, no applicable exceptions under section 37, public interest did not outweigh privacy rights, and redaction was not practicable given the Defence Forces' capabilities.

Citation
[2018] IEIC 170561
Parties
Applicant: Ms R; Respondent: Defence Forces
Jurisdiction
Ireland
Judgment Date
06 April 2018
Procedural Posture
FOI Review / Final Decision
Outcome
request refused
Legal Topics
FOI Act 2014 Section 37, Personal Information, Public Interest, Redaction Practicability
Freedom of Information Privacy Law FOI Act 2014 Section 37 Personal Information Public Interest Redaction Practicability

Case Brief

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Parties

Ms R

Applicant

Defence Forces

Respondent

Procedural Posture

FOI Review / Final Decision

Legal Issues

  1. 1 Whether the Defence Forces was justified in refusing access to CCTV footage under section 37 of the FOI Act due to personal information of third parties

Ratio Decidendi

The Defence Forces was justified in refusing access as the footage contained personal information of third parties, no applicable exceptions under section 37, public interest did not outweigh privacy rights, and redaction was not practicable given the Defence Forces' capabilities.

Court Disposition

request refused

Orders

  • Defence Forces' refusal affirmed under section 37 of FOI Act