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
Legal Issues
- 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
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