Ms X & Department Y [2009] IEIC 090147 (18 December 2009)

The applicant failed to meet the burden of proof and did not specify the amendments required; therefore, the Department was justified in refusing to amend the records.

Source-derived case information.

Citation: [2009] IEIC 090147
Parties: Applicant: Ms X; Respondent: Department Y
Jurisdiction: Ireland
Judgment Date: 18 December 2009
Procedural Posture: Review Under Freedom of Information Act / Final Decision by Information Commissioner
Outcome: Department's refusal to amend records affirmed
Legal Topics: Freedom of Information, Amendment of Records, Burden of Proof

Administrative Law Information Law Freedom of Information Amendment of Records Burden of Proof

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 3 Party arguments 2

Parties

Ms X

Applicant

Department Y

Respondent

Procedural Posture

Review Under Freedom of Information Act / Final Decision by Information Commissioner

Legal Issues

1 Whether the Department was justified in refusing to amend records under section 17 of the FOI Act

Ratio Decidendi

The applicant failed to meet the burden of proof and did not specify the amendments required; therefore, the Department was justified in refusing to amend the records.

Court Disposition

Department's refusal to amend records affirmed

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