Ms X and Donegal Education and Training Board (Donegal Education and Training Board) [2020] IEIC 56523 (28 January 2020)

Ms X and Donegal Education and Training Board (Donegal Education and Training Board) [2020] IEIC 56523 (28 January 2020)

The records contain personal information of third parties not captured by the staff exclusion, and the public interest in disclosure does not outweigh the privacy rights of those individuals. Redaction would not prevent identification and would render the records misleading. Therefore, section 37(1) applies and...

Source-derived case information.

Citation
[2020] IEIC 56523
Parties
Applicant: Ms X; Respondent: Donegal Education and Training Board
Jurisdiction
Ireland
Judgment Date
28 January 2020
Procedural Posture
Freedom of Information Review / Decision on Review by Information Commissioner
Outcome
Refusal affirmed
Legal Topics
Access to Information, Personal Data Protection, Public Interest Override
Administrative Law Freedom of Information Access to Information Personal Data Protection Public Interest Override

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Parties

Ms X

Applicant

Donegal Education and Training Board

Respondent

Procedural Posture

Freedom of Information Review / Decision on Review by Information Commissioner

Legal Issues

  1. 1 Whether DETB was justified in refusing access to records under sections 30(1)(b), 35(1)(a), and 37(1) of the FOI Act

Ratio Decidendi

The records contain personal information of third parties not captured by the staff exclusion, and the public interest in disclosure does not outweigh the privacy rights of those individuals. Redaction would not prevent identification and would render the records misleading. Therefore, section 37(1) applies and refusal is justified.

Court Disposition

Refusal affirmed

Orders

  • Access to the requested records is refused under section 37(1) of the FOI Act.