Ms Y and Tulsa (Tusla) [2022] IEIC OIC-117903 (19 May 2022)

Tusla failed to consider the applicability of the Section 37(8) Regulations regarding access to records of deceased persons by next of kin. The decision is annulled and Tusla is directed to undertake a fresh decision-making process with due regard to the Regulations.

Source-derived case information.

Citation: [2022] IEIC OIC-117903
Parties: Applicant: Ms Y; Respondent: Tusla
Jurisdiction: Ireland
Judgment Date: 19 May 2022
Procedural Posture: Freedom of Information Review / Decision on Review by Information Commissioner
Outcome: Tusla's decision annulled; fresh decision required
Legal Topics: Access to Records, Personal Information, Deceased Persons' Records, Public Interest Balancing

Administrative Law Freedom of Information Access to Records Personal Information Deceased Persons' Records Public Interest Balancing

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2

Parties

Ms Y

Applicant

Tusla

Respondent

Procedural Posture

Freedom of Information Review / Decision on Review by Information Commissioner

Legal Issues

1 Whether Tusla was justified in refusing access to personal records concerning housing conditions under the FOI Act
2 Whether the Freedom of Information Act 2014 (Section 37(8)) Regulations 2016 applied to the applicant as next of kin

Ratio Decidendi

Court Disposition

Tusla's decision annulled; fresh decision required

Orders

Tusla to undertake a fresh decision-making process considering Section 37(8) and the 2016 Regulations

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