Ms Y and TUSLA [2019] IEIC 180523 (20 November 2019)

Ms Y and TUSLA [2019] IEIC 180523 (20 November 2019)

TUSLA was justified in refusing access to certain records under sections 15(1)(a), 31(1)(a), and 37(1) of the FOI Act, as records either do not exist, are protected by legal professional privilege, or contain third-party personal information. Section 41 does not prohibit disclosure of the adoption records at issue....

Source-derived case information.

Citation
[2019] IEIC 180523
Parties
Applicant: Ms Y; Respondent: TUSLA
Jurisdiction
Ireland
Judgment Date
20 November 2019
Procedural Posture
FOI Review / Final Determination
Outcome
varied
Legal Topics
Freedom of Information, Adoption Records, Privacy, Legal Professional Privilege
Administrative Law Information Law Freedom of Information Adoption Records Privacy Legal Professional Privilege

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Parties

Ms Y

Applicant

TUSLA

Respondent

Procedural Posture

FOI Review / Final Determination

Legal Issues

  1. 1 Whether TUSLA was justified in refusing access to records under sections 31(1)(a), 35, 37 and 41 of the FOI Act
  2. 2 Whether missing records exist or can be found under section 15(1)(a)
  3. 3 Whether section 41 of the FOI Act prohibits disclosure of adoption records

Ratio Decidendi

TUSLA was justified in refusing access to certain records under sections 15(1)(a), 31(1)(a), and 37(1) of the FOI Act, as records either do not exist, are protected by legal professional privilege, or contain third-party personal information. Section 41 does not prohibit disclosure of the adoption records at issue. TUSLA's refusal of access to records relating to deceased persons should be reconsidered under section 37(8) regulations. Certain records containing only the applicant's information must be released.

Court Disposition

varied

Orders

  • Affirmed TUSLA's refusal under sections 15(1)(a), 31(1)(a), and 37(1) for specified records.
  • Annulled refusal and directed release of Records 17, 21, 27, 30, and 43.