Ms X and TUSLA (TUSLA) [2020] IEIC 55027 (31 January 2020)
TUSLA was justified in refusing access to further records under section 15(1)(a) as all reasonable steps were taken to locate records, and justified in refusing access to withheld information under section 37(1) as it contained personal information of third parties and the public interest did not outweigh privacy rights.
- Citation
- [2020] IEIC 55027
- Parties
- Applicant: Ms X; Respondent: TUSLA
- Jurisdiction
- Ireland
- Judgment Date
- 31 January 2020
- Procedural Posture
- FOI Review / Decision on Review by Information Commissioner
- Outcome
- refusal affirmed
- Legal Topics
- Refusal of Access to Records, Personal Information Exemption, Public Interest Balancing, Adequacy of Searches
Case Brief
Summary, issues, holding and outcome
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Parties
Ms X
Applicant
TUSLA
Respondent
Procedural Posture
FOI Review / Decision on Review by Information Commissioner
Legal Issues
- 1 Whether TUSLA was justified in refusing access to records under sections 15(1)(a) and 37 of the FOI Act
- 2 Whether all reasonable steps were taken to locate records
- 3 Whether withheld records contain exempt personal information
Ratio Decidendi
TUSLA was justified in refusing access to further records under section 15(1)(a) as all reasonable steps were taken to locate records, and justified in refusing access to withheld information under section 37(1) as it contained personal information of third parties and the public interest did not outweigh privacy rights.
Court Disposition
refusal affirmed
Orders
- TUSLA's decision under section 15(1)(a) and section 37(1) of the FOI Act is affirmed.
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