Ms X and Wicklow County Council (FOI Act 2014) [2017] IEIC 170071 (10 July 2017)

Ms X and Wicklow County Council (FOI Act 2014) [2017] IEIC 170071 (10 July 2017)

The Council failed to justify refusal under sections 30(1)(c) and 31(1)(a) as it did not identify relevant negotiations or establish legal professional privilege. Section 37(1) did not apply because the information related to the applicant herself, triggering section 37(2)(a).

Citation
[2017] IEIC 170071
Parties
Applicant: Ms X; Respondent: Wicklow County Council
Jurisdiction
Ireland
Judgment Date
10 July 2017
Procedural Posture
FOI Review / Decision on Review by Information Commissioner
Outcome
Council's decision annulled; records to be released to applicant.
Legal Topics
FOI Act 2014, Exemptions Under FOI, Legal Professional Privilege, Personal Information
Administrative Law Freedom of Information FOI Act 2014 Exemptions Under FOI Legal Professional Privilege Personal Information

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Parties

Ms X

Applicant

Wicklow County Council

Respondent

Procedural Posture

FOI Review / Decision on Review by Information Commissioner

Legal Issues

  1. 1 Whether Records 18 and 23 are exempt from disclosure under sections 30(1)(c) or 31(1)(a) of the FOI Act 2014
  2. 2 Whether section 37(1) (personal information) applies

Ratio Decidendi

The Council failed to justify refusal under sections 30(1)(c) and 31(1)(a) as it did not identify relevant negotiations or establish legal professional privilege. Section 37(1) did not apply because the information related to the applicant herself, triggering section 37(2)(a).

Court Disposition

Council's decision annulled; records to be released to applicant.

Orders

  • Council directed to release Records 18 and 23 to the applicant.