Ms X and TUSLA (TUSLA) [2020] IEIC 55027 (31 January 2020)

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

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Parties

Ms X

Applicant

TUSLA

Respondent

Procedural Posture

FOI Review / Decision on Review by Information Commissioner

  1. 1 Whether TUSLA was justified in refusing access to records under sections 15(1)(a) and 37 of the FOI Act
  2. 2 Whether all reasonable steps were taken to locate records
  3. 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.