Ms Y and TUSLA (FOI Act 2014) (TUSLA) [2018] IEIC 180079 (12 June 2018)

Ms Y and TUSLA (FOI Act 2014) (TUSLA) [2018] IEIC 180079 (12 June 2018)

TUSLA was justified in refusing access to the requested records under section 37(1) of the FOI Act because the records contained personal information of third parties, and no public interest override or other exception applied. Some information was also lawfully withheld under section 41(1)(a) due to the Adoption Act 2010.

Citation
[2018] IEIC 180079
Parties
Applicant: Ms Y; Respondent: TUSLA
Jurisdiction
Ireland
Judgment Date
12 June 2018
Procedural Posture
Freedom of Information Review / Decision on Review by Information Commissioner
Outcome
request refused; decision of TUSLA affirmed
Legal Topics
Refusal of Access to Records, Personal Information Exemption, Public Interest Test, Adoption Records, Privacy Rights
Freedom of Information Privacy Law Adoption Law Refusal of Access to Records Personal Information Exemption Public Interest Test Adoption Records Privacy Rights

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Parties

Ms Y

Applicant

TUSLA

Respondent

Procedural Posture

Freedom of Information Review / Decision on Review by Information Commissioner

Legal Issues

  1. 1 Whether TUSLA was justified in refusing access to records under section 37 of the FOI Act on the ground that they contain personal information of third parties
  2. 2 Whether any exceptions to the section 37(1) exemption apply, including public interest override

Ratio Decidendi

TUSLA was justified in refusing access to the requested records under section 37(1) of the FOI Act because the records contained personal information of third parties, and no public interest override or other exception applied. Some information was also lawfully withheld under section 41(1)(a) due to the Adoption Act 2010.

Court Disposition

request refused; decision of TUSLA affirmed

Orders

  • Decision of TUSLA to refuse access to records under section 37(1) of the FOI Act is affirmed.