X and The Higher Education Authority (FOI Act 2014) (The Higher Education Authority) [2019] IEIC 180333 (22 March 2019)

X and The Higher Education Authority (FOI Act 2014) (The Higher Education Authority) [2019] IEIC 180333 (22 March 2019)

Chapters 5 and 6 of the draft report contain personal information about identifiable individuals reflecting on their competence or ability, which is exempt under section 37(1) of the FOI Act, and the public interest does not outweigh the right to privacy. Chapters 1-4, appendix 1, and appendix 2 do not contain exempt personal information and are not exempt under sections 29 or 30; they must be released.

Citation
[2019] IEIC 180333
Parties
Applicant: X; Respondent: The Higher Education Authority
Jurisdiction
Ireland
Judgment Date
22 March 2019
Procedural Posture
Freedom of Information Appeal / Decision of the Information Commissioner Following Review
Outcome
Partly allowed, partly refused
Legal Topics
Personal Information Exemption, Deliberative Process Exemption, Investigations and Inquiries, Public Interest Test
Administrative Law Freedom of Information Personal Information Exemption Deliberative Process Exemption Investigations and Inquiries Public Interest Test

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Parties

X

Applicant

The Higher Education Authority

Respondent

Procedural Posture

Freedom of Information Appeal / Decision of the Information Commissioner Following Review

Legal Issues

  1. 1 Whether the draft report contains exempt personal information under section 37(1) of the FOI Act
  2. 2 Whether the draft report is exempt as relating to deliberative processes under section 29(1) of the FOI Act
  3. 3 Whether the draft report is exempt as prejudicing investigations or inquiries under section 30(1)(a) of the FOI Act

Ratio Decidendi

Chapters 5 and 6 of the draft report contain personal information about identifiable individuals reflecting on their competence or ability, which is exempt under section 37(1) of the FOI Act, and the public interest does not outweigh the right to privacy. Chapters 1-4, appendix 1, and appendix 2 do not contain exempt personal information and are not exempt under sections 29 or 30; they must be released.

Court Disposition

Partly allowed, partly refused

Orders

  • Refusal of access to chapters 5 and 6 of the draft report and their description in the table of contents is upheld.
  • Release of chapters 1-4, their description in the table of contents, appendix 1, and appendix 2 of the draft report is directed.