X and Cork County Council (Cork County Council) [2022] IEIC 124364 (16 August 2022)

X and Cork County Council (Cork County Council) [2022] IEIC 124364 (16 August 2022)

The Council provided a reasonable basis for its estimate of €780 for search and retrieval, supported by a detailed breakdown of the steps and time required. The applicant's belief that only a small number of records were relevant did not affect the time needed to search and retrieve all potentially relevant records. The Information Commissioner found the Council justified in imposing the fee under section 27 of the FOI Act.

Citation
[2022] IEIC 124364
Parties
Applicant: X; Respondent: Cork County Council
Jurisdiction
Ireland
Judgment Date
16 August 2022
Procedural Posture
Freedom of Information Review / Decision of the Information Commissioner Under Section 22(2) of the FOI Act
Outcome
Council's decision affirmed
Legal Topics
FOI Fees, Search and Retrieval Charges, Public Access to Records, Scope of FOI Requests
Administrative Law Freedom of Information FOI Fees Search and Retrieval Charges Public Access to Records Scope of FOI Requests

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Parties

X

Applicant

Cork County Council

Respondent

Procedural Posture

Freedom of Information Review / Decision of the Information Commissioner Under Section 22(2) of the FOI Act

Legal Issues

  1. 1 Whether the Council was justified under section 27 of the FOI Act in imposing a fee of €780 for search and retrieval of records within the applicant's request

Ratio Decidendi

The Council provided a reasonable basis for its estimate of €780 for search and retrieval, supported by a detailed breakdown of the steps and time required. The applicant's belief that only a small number of records were relevant did not affect the time needed to search and retrieve all potentially relevant records. The Information Commissioner found the Council justified in imposing the fee under section 27 of the FOI Act.

Court Disposition

Council's decision affirmed

Orders

  • The decision of Cork County Council to impose a fee of €780 for search and retrieval is affirmed.