Ms X and TUSLA (FOI Act 2014) [2019] IEIC 190216 (29 July 2019)

Ms X and TUSLA (FOI Act 2014) [2019] IEIC 190216 (29 July 2019)

TUSLA was justified in refusing access to the records because the information was given in confidence and its disclosure would prejudice the future flow of such information, and because the records contained personal information of third parties, with no overriding public interest justifying disclosure.

Citation
[2019] IEIC 190216
Parties
Applicant: Ms X; Respondent: TUSLA
Jurisdiction
Ireland
Judgment Date
29 July 2019
Procedural Posture
FOI Review / Decision on Review by Information Commissioner
Outcome
refusal affirmed
Legal Topics
Confidentiality of Information, Personal Information Exemption, Public Interest Balancing, Child Protection Records
Administrative Law Freedom of Information Confidentiality of Information Personal Information Exemption Public Interest Balancing Child Protection Records

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Parties

Ms X

Applicant

TUSLA

Respondent

Procedural Posture

FOI Review / Decision on Review by Information Commissioner

Legal Issues

  1. 1 Whether TUSLA was justified in refusing access to records under sections 35(1)(a) and 37 of the FOI Act

Ratio Decidendi

TUSLA was justified in refusing access to the records because the information was given in confidence and its disclosure would prejudice the future flow of such information, and because the records contained personal information of third parties, with no overriding public interest justifying disclosure.

Court Disposition

refusal affirmed

Orders

  • TUSLA's refusal of access to the records under sections 35(1)(a) and 37(1) of the FOI Act is affirmed.