Ms T and Kerry Education and Training Board [2021] IEIC OIC-112710-T7B9B0 (16 December 2021)

Ms T and Kerry Education and Training Board [2021] IEIC OIC-112710-T7B9B0 (16 December 2021)

The audit logs extracted from the IT system constitute records under the FOI Act, but the identities of individuals who accessed the files are personal information protected by section 37(1). The public interest in disclosure does not outweigh the privacy rights of the individuals concerned.

Source-derived case information.

Citation
[2021] IEIC OIC-112710-T7B9B0
Parties
Applicant: Ms T; Respondent: Kerry Education and Training Board
Jurisdiction
Ireland
Judgment Date
16 December 2021
Procedural Posture
FOI Appeal / Decision of Information Commissioner Following Internal Review
Outcome
refusal affirmed
Legal Topics
Access to Records, Personal Information, Metadata, Public Interest, Privacy
Freedom of Information Data Protection Administrative Law Access to Records Personal Information Metadata Public Interest Privacy

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Parties

Ms T

Applicant

Kerry Education and Training Board

Respondent

Procedural Posture

FOI Appeal / Decision of Information Commissioner Following Internal Review

Legal Issues

  1. 1 Whether metadata about access to electronic files constitutes a record under the FOI Act
  2. 2 Whether disclosure of user identities who accessed files is prohibited as personal information under section 37(1) of the FOI Act
  3. 3 Whether the public interest in disclosure outweighs the right to privacy

Ratio Decidendi

The audit logs extracted from the IT system constitute records under the FOI Act, but the identities of individuals who accessed the files are personal information protected by section 37(1). The public interest in disclosure does not outweigh the privacy rights of the individuals concerned.

Court Disposition

refusal affirmed

Orders

  • Access to the identities of individuals who accessed specified files is refused under section 37(1) of the FOI Act.