Ms X. and TUSLA (FOI Act 2014) (TUSLA) [2017] IEIC 170396 (1 December 2017)
The Agency was justified in refusing access to records under section 31(1)(a) due to legal professional privilege and under section 37(1) as the withheld information comprised personal information of individuals other than the applicant and her minor daughter, with no overriding public interest warranting disclosure.
- Citation
- [2017] IEIC 170396
- Parties
- Applicant: Ms X.; Respondent: TUSLA
- Jurisdiction
- Ireland
- Judgment Date
- 01 December 2017
- Procedural Posture
- Freedom of Information Review / Decision on Review by Information Commissioner's Office
- Outcome
- Refusal of access affirmed
- Legal Topics
- Freedom of Information, Legal Professional Privilege, Personal Data Protection, Access to Records
Case Brief
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Parties
Ms X.
Applicant
TUSLA
Respondent
Procedural Posture
Freedom of Information Review / Decision on Review by Information Commissioner's Office
Legal Issues
- 1 Whether the Agency was justified in refusing access to certain records under sections 31(1)(a) and 37(1) of the FOI Act
Ratio Decidendi
The Agency was justified in refusing access to records under section 31(1)(a) due to legal professional privilege and under section 37(1) as the withheld information comprised personal information of individuals other than the applicant and her minor daughter, with no overriding public interest warranting disclosure.
Court Disposition
Refusal of access affirmed
Orders
- Refusal of access to records under section 31(1)(a) (legal professional privilege) affirmed.
- Refusal of access to records under section 37(1) (personal information of third parties) affirmed.
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