X and University College Cork [2012] IEIC 100112 (21 March 2012)

X and University College Cork [2012] IEIC 100112 (21 March 2012)

The review process was effectively completed, so exemptions under sections 20 and 21 did not apply. The public interest in disclosure outweighed the arguments for exemption, except for certain references constituting personal or joint personal information of third parties, which should remain withheld to protect privacy rights.

Citation
[2012] IEIC 100112
Parties
Applicant: X; Respondent: University College Cork
Jurisdiction
Ireland
Judgment Date
21 March 2012
Procedural Posture
FOI Review Application / Decision on Review by Information Commissioner
Outcome
Body's decision annulled; records to be released with specified exceptions
Legal Topics
FOI Exemptions, Deliberative Process, Public Interest, Personal Information, Management Functions
Administrative Law Freedom of Information FOI Exemptions Deliberative Process Public Interest Personal Information Management Functions

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Parties

X

Applicant

University College Cork

Respondent

Procedural Posture

FOI Review Application / Decision on Review by Information Commissioner

Legal Issues

  1. 1 Whether the Body is justified in withholding records under sections 20 and 21 of the FOI Act
  2. 2 Whether any part of the records constitutes personal or joint personal information of third parties under section 28

Ratio Decidendi

The review process was effectively completed, so exemptions under sections 20 and 21 did not apply. The public interest in disclosure outweighed the arguments for exemption, except for certain references constituting personal or joint personal information of third parties, which should remain withheld to protect privacy rights.

Court Disposition

Body's decision annulled; records to be released with specified exceptions

Orders

  • Release the records at issue except for specified references constituting personal or joint personal information of third parties, which are to be withheld.