Ms X and TUSLA [2019] IEIC OIC-55208-D8L9C5 (31 October 2019)

Ms X and TUSLA [2019] IEIC OIC-55208-D8L9C5 (31 October 2019)

The withheld information constituted personal information of individuals other than the applicant, and the public interest in disclosure did not outweigh the strong public interest in protecting privacy rights under section 37(1) of the FOI Act.

Citation
[2019] IEIC OIC-55208-D8L9C5
Parties
Applicant: Ms X; Respondent: TUSLA
Jurisdiction
Ireland
Judgment Date
31 October 2019
Procedural Posture
FOI Appeal / Decision of Information Commissioner Under Section 22(2) of the FOI Act
Outcome
Refusal affirmed
Legal Topics
Access to Information, Personal Data Protection, Public Interest Test, Employment Records, Privacy Rights
Administrative Law Freedom of Information Access to Information Personal Data Protection Public Interest Test Employment Records Privacy Rights

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Parties

Ms X

Applicant

TUSLA

Respondent

Procedural Posture

FOI Appeal / Decision of Information Commissioner Under Section 22(2) of the FOI Act

Legal Issues

  1. 1 Whether TUSLA was justified in refusing access to parts of employment records under sections 37(1) and 37(7) of the FOI Act
  2. 2 Whether any exceptions or public interest override applied to permit disclosure

Ratio Decidendi

The withheld information constituted personal information of individuals other than the applicant, and the public interest in disclosure did not outweigh the strong public interest in protecting privacy rights under section 37(1) of the FOI Act.

Court Disposition

Refusal affirmed

Orders

  • TUSLA's refusal to fully grant the applicant's request under section 37(1) of the FOI Act is affirmed.