Ms S and Cork County Council (FOI Act 2014) [2017] IEIC 160546 (6 October 2017)

Ms S and Cork County Council (FOI Act 2014) [2017] IEIC 160546 (6 October 2017)

The Council was justified in redacting identifying information from inspection reports and improvement notices under section 32(1)(b) due to a reasonable expectation of endangerment to the safety of inspectors and DBE staff/owners. Section 36(1)(b) did not apply as commercial interests could not be harmed when identities were redacted. Application forms should be released except for phone numbers, email addresses, and signatures, which are exempt under section 37(1). Annual declarations should be released in full as the information is already public or provided with notice of publication.

Citation
[2017] IEIC 160546
Parties
Applicant: Ms S; Respondent: Cork County Council
Jurisdiction
Ireland
Judgment Date
06 October 2017
Procedural Posture
FOI Review / Decision on Review by Information Commissioner
Outcome
Varied
Legal Topics
FOI Exemptions, Personal Data, Commercial Sensitivity, Public Interest Balancing, Inspection Reports, Dog Breeding Establishments
Administrative Law Freedom of Information FOI Exemptions Personal Data Commercial Sensitivity Public Interest Balancing Inspection Reports Dog Breeding Establishments

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Parties

Ms S

Applicant

Cork County Council

Respondent

Procedural Posture

FOI Review / Decision on Review by Information Commissioner

Legal Issues

  1. 1 Whether Cork County Council was justified in redacting information from records relating to dog breeding establishments under sections 32(1)(b), 36(1)(b), and 37(1) of the FOI Act 2014.

Ratio Decidendi

The Council was justified in redacting identifying information from inspection reports and improvement notices under section 32(1)(b) due to a reasonable expectation of endangerment to the safety of inspectors and DBE staff/owners. Section 36(1)(b) did not apply as commercial interests could not be harmed when identities were redacted. Application forms should be released except for phone numbers, email addresses, and signatures, which are exempt under section 37(1). Annual declarations should be released in full as the information is already public or provided with notice of publication.

Court Disposition

Varied

Orders

  • Release inspection reports and improvement notices subject to redaction of identifying information as specified.
  • Release application forms subject to redaction of phone numbers, email addresses, and signatures.