Ms X and the Defence Forces (The Defence Forces) [2019] IEIC 190109 (21 May 2019)

Ms X and the Defence Forces (The Defence Forces) [2019] IEIC 190109 (21 May 2019)

The withheld records contain joint personal information relating to both the applicant and third parties, and release would be misleading or breach privacy. The public interest in disclosure does not outweigh the privacy rights of the individuals concerned. The Defence Forces was justified in refusing access under section 37(1) of the FOI Act.

Citation
[2019] IEIC 190109
Parties
Applicant: Ms X; Respondent: Defence Forces
Jurisdiction
Ireland
Judgment Date
21 May 2019
Procedural Posture
Freedom of Information Review / Final Binding Decision by Information Commissioner
Outcome
Request refused; decision affirmed
Legal Topics
Freedom of Information, Personal Information Exemption, Public Interest Test

Case Brief

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Parties

Ms X

Applicant

Defence Forces

Respondent

Procedural Posture

Freedom of Information Review / Final Binding Decision by Information Commissioner

  1. 1 Whether the Defence Forces was justified in refusing access to records under section 37(1) of the FOI Act

Ratio Decidendi

The withheld records contain joint personal information relating to both the applicant and third parties, and release would be misleading or breach privacy. The public interest in disclosure does not outweigh the privacy rights of the individuals concerned. The Defence Forces was justified in refusing access under section 37(1) of the FOI Act.

Court Disposition

Request refused; decision affirmed

Orders

  • Defence Forces' refusal of access to records under section 37(1) of the FOI Act affirmed