Ms X and Westmeath County Council [2024] IEIC 144030 (03 September 2024)
The Council was justified in refusing access to parts 1-6, 8, and 9 of the request under section 15(1)(a) as no records exist containing the information sought, and section 17(4) does not require manual compilation. The Council must release the information for the remainder of part 7, which can be extracted by reasonable electronic steps.
- Citation
- [2024] IEIC 144030
- Parties
- Applicant: Ms X; Respondent: Westmeath County Council
- Jurisdiction
- Ireland
- Judgment Date
- 03 September 2024
- Procedural Posture
- FOI Review / Formal Binding Decision
- Outcome
- varied
- Legal Topics
- Refusal of Access, Existence of Records, Electronic Search and Extraction, Procedural Requirements
Case Brief
Summary, issues, holding and outcome
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Parties
Ms X
Applicant
Westmeath County Council
Respondent
Procedural Posture
FOI Review / Formal Binding Decision
Legal Issues
- 1 Whether the Council was justified in refusing access under section 15(1)(a) of the FOI Act to records concerning the Second Public Consultation Report on the ground that no records exist
Ratio Decidendi
The Council was justified in refusing access to parts 1-6, 8, and 9 of the request under section 15(1)(a) as no records exist containing the information sought, and section 17(4) does not require manual compilation. The Council must release the information for the remainder of part 7, which can be extracted by reasonable electronic steps.
Court Disposition
varied
Orders
- Refusal of parts 1-6, 8, and 9 affirmed under section 15(1)(a)
- Refusal of remainder of part 7 annulled; Council directed to release information sought in part 7
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