Ms W and The Defence Forces (FOI Act 2014) [2017] IEIC 160476 (27 April 2017)

Ms W and The Defence Forces (FOI Act 2014) [2017] IEIC 160476 (27 April 2017)

The records contained joint personal information of the applicant and third parties. Section 37(1) applied, and none of the exceptions in section 37(2) or 37(5) were met. The public interest in protecting privacy outweighed the public interest in disclosure. Therefore, refusal was justified.

Citation
[2017] IEIC 160476
Parties
Applicant: Ms W; Respondent: The Defence Forces
Jurisdiction
Ireland
Judgment Date
27 April 2017
Procedural Posture
FOI Review / Decision on Review by Information Commissioner
Outcome
request refused; decision of Defence Forces affirmed
Legal Topics
Access to Information, Personal Data Protection, Public Interest Vs Privacy
Administrative Law Freedom of Information Access to Information Personal Data Protection Public Interest Vs Privacy

Case Brief

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Parties

Ms W

Applicant

The Defence Forces

Respondent

Procedural Posture

FOI Review / Decision on Review by Information Commissioner

Legal Issues

  1. 1 Whether the Defence Forces was justified in refusing access to records relating to a complaint of bullying under section 37 of the FOI Act 2014

Ratio Decidendi

The records contained joint personal information of the applicant and third parties. Section 37(1) applied, and none of the exceptions in section 37(2) or 37(5) were met. The public interest in protecting privacy outweighed the public interest in disclosure. Therefore, refusal was justified.

Court Disposition

request refused; decision of Defence Forces affirmed

Orders

  • Access to the requested records is refused under section 37 of the FOI Act.