Ms X and the Central Statistics Office (CSO) [2002] IEIC 020362 (9 October 2002)

Ms X and the Central Statistics Office (CSO) [2002] IEIC 020362 (9 October 2002)

Ms X failed to demonstrate, on the balance of probabilities, that the marks awarded or comments made by the interview board were incomplete, incorrect or misleading; therefore, the CSO's refusal to amend the records was justified.

Citation
[2002] IEIC 020362
Parties
Applicant: Ms X; Respondent: Central Statistics Office (CSO)
Jurisdiction
Ireland
Judgment Date
09 October 2002
Procedural Posture
Freedom of Information Review / Decision of Information Commissioner
Outcome
Application refused; decision of CSO affirmed
Legal Topics
Amendment of Records, Burden of Proof, Subjectivity of Interview Assessments
Administrative Law Freedom of Information Amendment of Records Burden of Proof Subjectivity of Interview Assessments

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Parties

Ms X

Applicant

Central Statistics Office (CSO)

Respondent

Procedural Posture

Freedom of Information Review / Decision of Information Commissioner

Legal Issues

  1. 1 Whether the marks and comments made by the interview board were incomplete, incorrect or misleading under section 17 of the FOI Act
  2. 2 Where the burden of proof lies in applications for amendment of records under the FOI Act
  3. 3 What standard of proof applies to such applications

Ratio Decidendi

Ms X failed to demonstrate, on the balance of probabilities, that the marks awarded or comments made by the interview board were incomplete, incorrect or misleading; therefore, the CSO's refusal to amend the records was justified.

Court Disposition

Application refused; decision of CSO affirmed