Ms X and Commission for Communications Regulation [2021] IEIC 92653 (4 March 2021)

Ms X and Commission for Communications Regulation [2021] IEIC 92653 (4 March 2021)

Disclosure of testing site locations would reveal commercially sensitive information, prejudicing the competitive position of licence-holders, and no sufficiently specific public interest outweighs this harm; section 36(1)(b) exemption applies.

Citation
[2021] IEIC 92653
Parties
Applicant: Ms X; Respondent: Commission for Communications Regulation (ComReg)
Jurisdiction
Ireland
Judgment Date
04 March 2021
Procedural Posture
FOI Appeal / Decision of Information Commissioner Following Internal Review
Outcome
request refused
Legal Topics
Commercial Sensitivity, Public Interest, Access to Information, FOI Act Section 36
Freedom of Information Administrative Law Commercial Sensitivity Public Interest Access to Information FOI Act Section 36

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Parties

Ms X

Applicant

Commission for Communications Regulation (ComReg)

Respondent

Procedural Posture

FOI Appeal / Decision of Information Commissioner Following Internal Review

Legal Issues

  1. 1 Whether disclosure of testing site locations is exempt under section 36(1)(b) of the FOI Act due to commercial sensitivity
  2. 2 Whether public interest outweighs the exemption under section 36(3)

Ratio Decidendi

Disclosure of testing site locations would reveal commercially sensitive information, prejudicing the competitive position of licence-holders, and no sufficiently specific public interest outweighs this harm; section 36(1)(b) exemption applies.

Court Disposition

request refused

Orders

  • ComReg's refusal of access under section 36(1)(b) of the FOI Act affirmed