Ms X and South Dublin County Council [2024] IEIC 152030 (27 November 2024)

Ms X and South Dublin County Council [2024] IEIC 152030 (27 November 2024)

Council was not justified in refusing access to further records under section 15(1)(a) due to possibility that management company may hold relevant records; Council was justified in refusing access to third-party personal information under section 37(1) as privacy interests outweigh public interest in disclosure.

Citation
[2024] IEIC 152030
Parties
Applicant: Ms X; Respondent: South Dublin County Council
Jurisdiction
Ireland
Judgment Date
27 November 2024
Procedural Posture
FOI Review / Final Decision
Outcome
Council's decision varied; refusal of third-party personal information affirmed; refusal of further records annulled and remitted for fresh consideration.
Legal Topics
FOI Refusal, Personal Information Exemption, Service Provider Records
Freedom of Information Privacy Law FOI Refusal Personal Information Exemption Service Provider Records

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Ms X

Applicant

South Dublin County Council

Respondent

Procedural Posture

FOI Review / Final Decision

Legal Issues

  1. 1 Whether the Council was justified in refusing access to further records under section 15(1)(a) of the FOI Act
  2. 2 Whether the Council was justified in refusing access to personal information under section 37(1) of the FOI Act

Ratio Decidendi

Council was not justified in refusing access to further records under section 15(1)(a) due to possibility that management company may hold relevant records; Council was justified in refusing access to third-party personal information under section 37(1) as privacy interests outweigh public interest in disclosure.

Court Disposition

Council's decision varied; refusal of third-party personal information affirmed; refusal of further records annulled and remitted for fresh consideration.

Orders

  • Council to process applicant's request afresh to establish whether any further relevant records exist.
  • Council's refusal of third-party personal information under section 37(1) affirmed.