Ms X and Dún Laoghaire-Rathdown County Council (FOI Act 2014) [2017] IEIC 160530 (6 March 2017)

Ms X and Dún Laoghaire-Rathdown County Council (FOI Act 2014) [2017] IEIC 160530 (6 March 2017)

The Council was not justified in refusing the applicant's request under section 15(1)(g) because the requests, while numerous, were not made in bad faith, did not amount to an abuse of process, and related to ongoing matters of legitimate public concern.

Citation
[2017] IEIC 160530
Parties
Applicant: Ms X; Respondent: Dún Laoghaire-Rathdown County Council
Jurisdiction
Ireland
Judgment Date
06 March 2017
Procedural Posture
FOI Review / Decision on Review by Information Commissioner
Outcome
Council's refusal annulled; fresh decision required
Legal Topics
Vexatious Requests, Pattern of Unreasonable Requests, Right of Access to Records, FOI Act 2014 Section 15(1)(g)
Administrative Law Freedom of Information Vexatious Requests Pattern of Unreasonable Requests Right of Access to Records FOI Act 2014 Section 15(1)(g)

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Parties

Ms X

Applicant

Dún Laoghaire-Rathdown County Council

Respondent

Procedural Posture

FOI Review / Decision on Review by Information Commissioner

Legal Issues

  1. 1 Whether the Council was justified in refusing the applicant's FOI request as vexatious or as part of a pattern of manifestly unreasonable requests under section 15(1)(g) of the FOI Act

Ratio Decidendi

The Council was not justified in refusing the applicant's request under section 15(1)(g) because the requests, while numerous, were not made in bad faith, did not amount to an abuse of process, and related to ongoing matters of legitimate public concern.

Court Disposition

Council's refusal annulled; fresh decision required

Orders

  • The Council's decision to refuse the request under section 15(1)(g) is annulled.
  • The Council is directed to undertake a fresh decision-making process on the applicant's request in accordance with the FOI Act.