Ms X and Carlow County Council [2022] IEIC OIC-112667 (8 February 2022)

Ms X and Carlow County Council [2022] IEIC OIC-112667 (8 February 2022)

The Council was justified in refusing access to the requested records under section 37(1) of the FOI Act because release would disclose personal information of third parties, and no sufficiently specific, cogent, fact-based public interest reason was established to outweigh the right to privacy.

Source-derived case information.

Citation
[2022] IEIC OIC-112667
Parties
Applicant: Ms X; Respondent: Carlow County Council
Jurisdiction
Ireland
Judgment Date
08 February 2022
Procedural Posture
FOI Review / Final Decision
Outcome
decision affirmed
Legal Topics
Freedom of Information, Personal Information Exemption, Planning Enforcement, Public Interest Test
Administrative Law Data Protection Privacy Law Freedom of Information Personal Information Exemption Planning Enforcement Public Interest Test

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Parties

Ms X

Applicant

Carlow County Council

Respondent

Procedural Posture

FOI Review / Final Decision

Legal Issues

  1. 1 Whether the Council was justified in refusing access to certain records under section 37(1) of the FOI Act

Ratio Decidendi

The Council was justified in refusing access to the requested records under section 37(1) of the FOI Act because release would disclose personal information of third parties, and no sufficiently specific, cogent, fact-based public interest reason was established to outweigh the right to privacy.

Court Disposition

decision affirmed

Orders

  • Council's refusal of access to certain records under section 37(1) of the FOI Act is affirmed