Ms X and Dun Laoghaire - Rathdown County Council [2015] IEIC 140209 (23 April 2015)

Ms X and Dun Laoghaire - Rathdown County Council [2015] IEIC 140209 (23 April 2015)

The Council was justified in refusing access to personal information of third parties under section 28, as the public interest did not outweigh privacy rights. The Council was not justified in refusing access to record 7 under sections 23 and 26, as release (with redactions) would not prejudice law enforcement or...

Source-derived case information.

Citation
[2015] IEIC 140209
Parties
Applicant: Ms X; Respondent: Dun Laoghaire - Rathdown County Council
Jurisdiction
Ireland
Judgment Date
23 April 2015
Procedural Posture
Freedom of Information Review / Final Binding Decision by Information Commissioner
Outcome
varied
Legal Topics
Freedom of Information, Personal Data, Privacy, Public Interest, Confidentiality
Administrative Law Information Law Freedom of Information Personal Data Privacy Public Interest Confidentiality

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Parties

Ms X

Applicant

Dun Laoghaire - Rathdown County Council

Respondent

Procedural Posture

Freedom of Information Review / Final Binding Decision by Information Commissioner

Legal Issues

  1. 1 Whether the Council was justified in refusing access to records relating to the applicant's dealings with the Housing Department under sections 23, 26 and 28 of the FOI Act

Ratio Decidendi

The Council was justified in refusing access to personal information of third parties under section 28, as the public interest did not outweigh privacy rights. The Council was not justified in refusing access to record 7 under sections 23 and 26, as release (with redactions) would not prejudice law enforcement or breach confidentiality beyond the scope of section 28.

Court Disposition

varied

Orders

  • Council directed to release record 7 (schedule 1) subject to redaction of exempt personal information.
  • Council justified in refusing to release personal information of third parties in records 1 and 9 (schedule 1) and records 21, 27 and 41 (schedule 3).