Ms X. and TUSLA (FOI Act 2014) (TUSLA) [2017] IEIC 170396 (1 December 2017)

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

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Parties

Ms X.

Applicant

TUSLA

Respondent

Procedural Posture

Freedom of Information Review / Decision on Review by Information Commissioner's Office

  1. 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.