Ms X and Land Development Agency [2019] IEIC OIC-56431-Q7R1J2 (18 November 2019)

The Agency was not entitled to treat the two requests as a single request for fee calculation and was not justified in charging a €140 fee for processing them as one.

Citation: [2019] IEIC OIC-56431-Q7R1J2
Parties: Applicant: Ms X; Respondent: Land Development Agency
Jurisdiction: Ireland
Judgment Date: 18 November 2019
Procedural Posture: FOI Review / Final Decision
Outcome: decision annulled
Legal Topics: FOI Request Fees, Merging of FOI Requests, Search and Retrieval Charges

Administrative Law Freedom of Information FOI Request Fees Merging of FOI Requests Search and Retrieval Charges

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Parties

Ms X

Applicant

Land Development Agency

Respondent

Procedural Posture

FOI Review / Final Decision

Legal Issues

1 Whether the Agency was justified under section 27 of the FOI Act in charging a fee of €140 for search and retrieval of records by merging two FOI requests

Ratio Decidendi

The Agency was not entitled to treat the two requests as a single request for fee calculation and was not justified in charging a €140 fee for processing them as one.

Court Disposition

decision annulled

Orders

Agency's decision to charge €140 fee annulled
Agency directed to process the two requests afresh