Ms X and TUSLA [2015] IEIC 140188 (8 May 2015)

Ms X and TUSLA [2015] IEIC 140188 (8 May 2015)

The withheld records contained joint personal information relating to the applicant and third parties, including foster children and their families. None of the exceptions under section 28(2) applied, and the public interest in granting access did not outweigh the privacy rights of the third parties. Providing access by inspection only was justified to protect privacy interests.

Citation
[2015] IEIC 140188
Parties
Applicant: Ms X; Respondent: TUSLA
Jurisdiction
Ireland
Judgment Date
08 May 2015
Procedural Posture
Freedom of Information Review / Decision Following Review Under Section 34(2) of the FOI Act 1997
Outcome
Refusal of access affirmed
Legal Topics
Access to Information, Personal Data Protection, Public Interest Vs Privacy, FOI Exemptions
Administrative Law Freedom of Information Access to Information Personal Data Protection Public Interest Vs Privacy FOI Exemptions

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Parties

Ms X

Applicant

TUSLA

Respondent

Procedural Posture

Freedom of Information Review / Decision Following Review Under Section 34(2) of the FOI Act 1997

Legal Issues

  1. 1 Whether TUSLA was justified in refusing access to parts of the applicant's file under section 28 of the FOI Act
  2. 2 Whether granting access by inspection only was justified under section 12(2)(b)(iv) of the FOI Act

Ratio Decidendi

The withheld records contained joint personal information relating to the applicant and third parties, including foster children and their families. None of the exceptions under section 28(2) applied, and the public interest in granting access did not outweigh the privacy rights of the third parties. Providing access by inspection only was justified to protect privacy interests.

Court Disposition

Refusal of access affirmed

Orders

  • Refusal of access to withheld records affirmed
  • Refusal to provide photocopies of records made available by inspection affirmed