Ms X and Trinity College Dublin (FOI Act 2014) [2017] IEIC 160436 (31 March 2017)

Ms X and Trinity College Dublin (FOI Act 2014) [2017] IEIC 160436 (31 March 2017)

TCD did not justify refusal under section 15(1)(a) for records predating 2011 and must reconsider; TCD failed to comply with section 15(4) before refusing under section 15(1)(c) and must assist applicant to refine request; TCD was justified in withholding personal information of other candidates under section 37(1), except for names of staff members which are not exempt.

Citation
[2017] IEIC 160436
Parties
Applicant: Ms X; Respondent: Trinity College Dublin
Jurisdiction
Ireland
Judgment Date
31 March 2017
Procedural Posture
FOI Review / Decision of Information Commissioner Following Internal Review
Outcome
varied
Legal Topics
FOI Act 2014, Access to Records, Personal Information, Public Interest, Administrative Refusal
Administrative Law Freedom of Information FOI Act 2014 Access to Records Personal Information Public Interest Administrative Refusal

Case Brief

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Parties

Ms X

Applicant

Trinity College Dublin

Respondent

Procedural Posture

FOI Review / Decision of Information Commissioner Following Internal Review

Legal Issues

  1. 1 Whether TCD was justified in refusing access to records under sections 15(1)(a), 15(1)(c), and 37 of the FOI Act 2014
  2. 2 Whether TCD conducted reasonable searches for records containing personal information
  3. 3 Whether TCD complied with its duty to assist under section 15(4)

Ratio Decidendi

TCD did not justify refusal under section 15(1)(a) for records predating 2011 and must reconsider; TCD failed to comply with section 15(4) before refusing under section 15(1)(c) and must assist applicant to refine request; TCD was justified in withholding personal information of other candidates under section 37(1), except for names of staff members which are not exempt.

Court Disposition

varied

Orders

  • TCD to reconsider and make a new decision on records relating to job applications predating 2011.
  • TCD to assist applicant to amend Part (2) of request and make a new decision after such assistance.