Ms X and University College Cork (FOI Act 2014) [2016] IEIC 160136 (13 July 2016)

Ms X and University College Cork (FOI Act 2014) [2016] IEIC 160136 (13 July 2016)

The records sought contain personal information relating to an identifiable individual (the Minister) as defined by the FOI Act. No exception under section 37(2) applies. The public interest in transparency does not outweigh the strong public interest in protecting privacy rights. UCC was justified in refusing...

Source-derived case information.

Citation
[2016] IEIC 160136
Parties
Applicant: Ms X; Respondent: University College Cork
Jurisdiction
Ireland
Judgment Date
13 July 2016
Procedural Posture
FOI Review / Decision of Information Commissioner Following Internal Review
Outcome
request refused; decision of UCC affirmed
Legal Topics
Refusal of Access to Records, Personal Information Exemption, Public Interest Test, Educational Records, Privacy Rights
Freedom of Information Privacy Law Administrative Law Refusal of Access to Records Personal Information Exemption Public Interest Test Educational Records Privacy Rights

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Parties

Ms X

Applicant

University College Cork

Respondent

Procedural Posture

FOI Review / Decision of Information Commissioner Following Internal Review

Legal Issues

  1. 1 Whether UCC was justified in refusing access to records relating to a Minister's completion of a degree programme on the grounds of personal information under section 37(1) of the FOI Act 2014
  2. 2 Whether any exceptions to the personal information exemption applied, including the public interest override

Ratio Decidendi

The records sought contain personal information relating to an identifiable individual (the Minister) as defined by the FOI Act. No exception under section 37(2) applies. The public interest in transparency does not outweigh the strong public interest in protecting privacy rights. UCC was justified in refusing access under section 37(1).

Court Disposition

request refused; decision of UCC affirmed