Ms X and Defence Forces Ireland (FOI Act 2014) [2019] IEIC 190066 (12 June 2019)

Ms X and Defence Forces Ireland (FOI Act 2014) [2019] IEIC 190066 (12 June 2019)

The Defence Forces failed to identify any specific harm or prejudice that could result from disclosure of the report, and did not address the public interest test; refusal under section 36(1)(b) was not justified.

Source-derived case information.

Citation
[2019] IEIC 190066
Parties
Applicant: Ms X; Respondent: Defence Forces Ireland
Jurisdiction
Ireland
Judgment Date
12 June 2019
Procedural Posture
FOI Review / Final Decision
Outcome
refusal annulled
Legal Topics
Commercial Sensitivity, Public Interest Test, FOI Act 2014
Administrative Law Freedom of Information Commercial Sensitivity Public Interest Test FOI Act 2014

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Parties

Ms X

Applicant

Defence Forces Ireland

Respondent

Procedural Posture

FOI Review / Final Decision

Legal Issues

  1. 1 Whether section 36(1)(b) of the FOI Act 2014 justifies refusal of access to a Naval Services survey report

Ratio Decidendi

The Defence Forces failed to identify any specific harm or prejudice that could result from disclosure of the report, and did not address the public interest test; refusal under section 36(1)(b) was not justified.

Court Disposition

refusal annulled

Orders

  • Defence Forces directed to release the withheld record to the applicant