Ms X and Cork County Council (FOI Act 2014) [2016] IEIC 160200 (22 December 2016)

Ms X and Cork County Council (FOI Act 2014) [2016] IEIC 160200 (22 December 2016)

The Council was justified in refusing access to the remaining withheld information under section 37(1) of the FOI Act as it comprised personal information of third parties, and the public interest in release did not outweigh the right to privacy. The Council was not justified in withholding record 17, which should...

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Citation
[2016] IEIC 160200
Parties
Applicant: Ms X; Respondent: Cork County Council
Jurisdiction
Ireland
Judgment Date
22 December 2016
Procedural Posture
Freedom of Information Review / Decision on Review by Information Commissioner
Outcome
Partially affirmed and varied
Legal Topics
Access to Information, Personal Data Protection, Public Interest, Planning Enforcement Files
Administrative Law Freedom of Information Access to Information Personal Data Protection Public Interest Planning Enforcement Files

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Parties

Ms X

Applicant

Cork County Council

Respondent

Procedural Posture

Freedom of Information Review / Decision on Review by Information Commissioner

Legal Issues

  1. 1 Whether Cork County Council was justified in refusing access to parts of planning enforcement files under sections 29(1), 32(1), 35(1)(a), 37(1), and 42(m)(i) of the FOI Act 2014

Ratio Decidendi

The Council was justified in refusing access to the remaining withheld information under section 37(1) of the FOI Act as it comprised personal information of third parties, and the public interest in release did not outweigh the right to privacy. The Council was not justified in withholding record 17, which should be released if not already provided.

Court Disposition

Partially affirmed and varied

Orders

  • Refusal of access to personal information of third parties affirmed under section 37(1) of the FOI Act.
  • Directed release of record 17 if not already released.