Ms Y and Sunbeam House Services (Sunbeam House Services) [2024] IEIC 141106 (31 January 2024)
SHS was not justified in refusing the applicant's request under section 15(1)(a) because relevant records exist or can be found, and identifiability does not require explicit naming.
- Citation
- [2024] IEIC 141106
- Parties
- Applicant: Ms Y; Respondent: Sunbeam House Services
- Jurisdiction
- Ireland
- Judgment Date
- 31 January 2024
- Procedural Posture
- FOI Review / Final Decision by Information Commissioner
- Outcome
- decision annulled
- Legal Topics
- Refusal of Records, Section 15(1)(a) FOI Act, Search Adequacy, Identifiability of Individuals, Joint FOI Requests
Case Brief
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Parties
Ms Y
Applicant
Sunbeam House Services
Respondent
Procedural Posture
FOI Review / Final Decision by Information Commissioner
Legal Issues
- 1 Whether SHS was justified in refusing the FOI request under section 15(1)(a) on the basis that no relevant records exist or can be found
Ratio Decidendi
SHS was not justified in refusing the applicant's request under section 15(1)(a) because relevant records exist or can be found, and identifiability does not require explicit naming.
Court Disposition
decision annulled
Orders
- SHS to make a fresh decision on the FOI request in accordance with the FOI Act
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