Ms Y and Tusla [2021] IEIC OIC-111522-J2H1L9 (22 October 2021)

Ms Y and Tusla [2021] IEIC OIC-111522-J2H1L9 (22 October 2021)

TUSLA was justified in refusing access because the record contained personal information relating to individuals other than the applicant, and no public interest or regulatory exception outweighed the strong right to privacy under section 37 of the FOI Act.

Citation
[2021] IEIC OIC-111522-J2H1L9
Parties
Applicant: Ms Y; Respondent: Tusla
Jurisdiction
Ireland
Judgment Date
22 October 2021
Procedural Posture
Freedom of Information Review / Decision on Review
Outcome
refusal affirmed
Legal Topics
Freedom of Information, Personal Data, Privacy, Access to Records
Administrative Law Information Law Freedom of Information Personal Data Privacy Access to Records

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Ms Y

Applicant

Tusla

Respondent

Procedural Posture

Freedom of Information Review / Decision on Review

Legal Issues

  1. 1 Whether TUSLA was justified in refusing access, under section 37 of the FOI Act, to a copy of a referral that was sent to TUSLA about the applicant and her children

Ratio Decidendi

TUSLA was justified in refusing access because the record contained personal information relating to individuals other than the applicant, and no public interest or regulatory exception outweighed the strong right to privacy under section 37 of the FOI Act.

Court Disposition

refusal affirmed

Orders

  • TUSLA's refusal of access to the referral letter under section 37(1) of the FOI Act is affirmed.