Ms X and An Bord Pleanala [2004] IEIC 031014 (16 January 2004)

Ms X and An Bord Pleanala [2004] IEIC 031014 (16 January 2004)

The applicant was not entitled to a statement of reasons under section 18 because she was part of a class of persons of significant size affected by the decision and thus did not have a material interest. The Board was justified in refusing access to further records as they were either already publicly available or...

Source-derived case information.

Citation
[2004] IEIC 031014
Parties
Applicant: Ms X; Respondent: An Bord Pleanala
Jurisdiction
Ireland
Judgment Date
16 January 2004
Procedural Posture
Freedom of Information Review / Decision of Information Commissioner Following Review
Outcome
Request refused; decision of An Bord Pleanala affirmed
Legal Topics
Access to Information, Statement of Reasons, Personal Information Exemption, Material Interest Requirement
Administrative Law Freedom of Information Access to Information Statement of Reasons Personal Information Exemption Material Interest Requirement

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Parties

Ms X

Applicant

An Bord Pleanala

Respondent

Procedural Posture

Freedom of Information Review / Decision of Information Commissioner Following Review

Legal Issues

  1. 1 Whether the applicant was entitled to further records under the FOI Act
  2. 2 Whether the applicant was entitled to a statement of reasons under section 18 of the FOI Act
  3. 3 Whether information on staff qualifications and tenure constituted personal information

Ratio Decidendi

The applicant was not entitled to a statement of reasons under section 18 because she was part of a class of persons of significant size affected by the decision and thus did not have a material interest. The Board was justified in refusing access to further records as they were either already publicly available or exempt as personal information.

Court Disposition

Request refused; decision of An Bord Pleanala affirmed