Ms X and Tusla [2024] IEIC 149137 (17 December 2024)

Ms X and Tusla [2024] IEIC 149137 (17 December 2024)

Tusla was justified in refusing access to parts 1, 3, and 5 of the request under section 15(1)(a) as no collated record exists and electronic extraction is not possible without manual creation. However, Tusla was not justified in refusing access to national-level statistical data for parts 2 and 4 under section...

Source-derived case information.

Citation
[2024] IEIC 149137
Parties
Applicant: Ms X; Respondent: Tusla
Jurisdiction
Ireland
Judgment Date
17 December 2024
Procedural Posture
FOI Review / Decision of Information Commissioner
Outcome
Varied
Legal Topics
Access to Records, Personal Information Exemption, Statistical Data Disclosure, Record Creation Under FOI
Freedom of Information Administrative Law Access to Records Personal Information Exemption Statistical Data Disclosure Record Creation Under FOI

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Parties

Ms X

Applicant

Tusla

Respondent

Procedural Posture

FOI Review / Decision of Information Commissioner

Legal Issues

  1. 1 Whether Tusla was justified in refusing access to statistical data on CPNS appeals under section 15(1)(a) of the FOI Act for non-existence of records and section 37 for personal information.

Ratio Decidendi

Tusla was justified in refusing access to parts 1, 3, and 5 of the request under section 15(1)(a) as no collated record exists and electronic extraction is not possible without manual creation. However, Tusla was not justified in refusing access to national-level statistical data for parts 2 and 4 under section 37(1), as release of the number of appeals at national level would not disclose personal information.

Court Disposition

Varied

Orders

  • Tusla's refusal of parts 1, 3, and 5 under section 15(1)(a) is upheld.
  • Tusla's refusal of parts 2 and 4 under section 37(1) is annulled; Tusla is directed to release the relevant statistical data for 2023.