Ms X and Irish Prison Service [2020] IEIC 53573 (6 April 2020)

Ms X and Irish Prison Service [2020] IEIC 53573 (6 April 2020)

The IPS failed to demonstrate that all relevant personnel file records created before 28 January 2016 had already been released to the applicant, as it could not confirm the completeness of the prior release or the adequacy of searches conducted. Therefore, the refusal under section 15(1)(i) was not justified.

Source-derived case information.

Citation
[2020] IEIC 53573
Parties
Applicant: Ms X; Respondent: Irish Prison Service
Jurisdiction
Ireland
Judgment Date
06 April 2020
Procedural Posture
Freedom of Information Review / Decision on Review by Information Commissioner
Outcome
decision annulled
Legal Topics
Access to Information, Personnel Records, Section 15(1)(i) FOI Act, Prior Release of Records
Administrative Law Freedom of Information Access to Information Personnel Records Section 15(1)(i) FOI Act Prior Release of Records

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Parties

Ms X

Applicant

Irish Prison Service

Respondent

Procedural Posture

Freedom of Information Review / Decision on Review by Information Commissioner

Legal Issues

  1. 1 Whether the IPS was justified in refusing access to personnel file records under section 15(1)(i) of the FOI Act on the ground that the records sought were previously released

Ratio Decidendi

The IPS failed to demonstrate that all relevant personnel file records created before 28 January 2016 had already been released to the applicant, as it could not confirm the completeness of the prior release or the adequacy of searches conducted. Therefore, the refusal under section 15(1)(i) was not justified.

Court Disposition

decision annulled

Orders

  • The decision of the IPS is annulled.
  • The IPS is directed to conduct a new decision-making process on the applicant’s request for access to additional personnel file records created before 28 January 2016.