Ms X and Commission for Communications Regulation [2020] IEIC 57715 (2 July 2020)

Ms X and Commission for Communications Regulation [2020] IEIC 57715 (2 July 2020)

ComReg was justified in refusing access to TETRA information under section 32(1)(a)(x) as disclosure could reasonably be expected to prejudice the security of Garda Síochána communications. ComReg was also justified in refusing access to PMR information under section 36(1)(b) as disclosure could prejudice the...

Source-derived case information.

Citation
[2020] IEIC 57715
Parties
Applicant: Ms X; Respondent: Commission for Communications Regulation (ComReg)
Jurisdiction
Ireland
Judgment Date
02 July 2020
Procedural Posture
Freedom of Information Review / Decision of Information Commissioner Following Internal Review
Outcome
request refused
Legal Topics
Freedom of Information, Public Interest Exemption, Security Exemption, Commercial Sensitivity
Administrative Law Information Law Freedom of Information Public Interest Exemption Security Exemption Commercial Sensitivity

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Parties

Ms X

Applicant

Commission for Communications Regulation (ComReg)

Respondent

Procedural Posture

Freedom of Information Review / Decision of Information Commissioner Following Internal Review

Legal Issues

  1. 1 Whether ComReg was justified in refusing access to parts of reports on telecommunications masts under sections 32(1)(a)(i), (ii), (iii), (x), 32(1)(b), 32(1)(c), 33(1)(a), 33(1)(b), and 36(1)(b) of the FOI Act

Ratio Decidendi

ComReg was justified in refusing access to TETRA information under section 32(1)(a)(x) as disclosure could reasonably be expected to prejudice the security of Garda Síochána communications. ComReg was also justified in refusing access to PMR information under section 36(1)(b) as disclosure could prejudice the competitive position of licence holders and the public interest did not outweigh this harm.

Court Disposition

request refused

Orders

  • ComReg's refusal of access to TETRA information under section 32(1)(a)(x) affirmed
  • ComReg's refusal of access to PMR information under section 36(1)(b) affirmed