Y and Pobal [2019] IEIC 190191 (3 December 2019)

Y and Pobal [2019] IEIC 190191 (3 December 2019)

Pobal was justified in refusing access to commercially sensitive information under section 36(1)(b) and personal information under section 37(1), except for record 220.1 which did not constitute personal information and must be released. The public interest did not outweigh privacy or commercial sensitivity concerns for the withheld records.

Citation
[2019] IEIC 190191
Parties
Applicant: Y; Respondent: Pobal
Jurisdiction
Ireland
Judgment Date
03 December 2019
Procedural Posture
FOI Review / Final Decision
Outcome
decision varied
Legal Topics
Commercial Sensitivity, Personal Information, Public Interest Balancing, Scope of FOI Requests
Freedom of Information Data Protection Administrative Law Commercial Sensitivity Personal Information Public Interest Balancing Scope of FOI Requests

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Parties

Y

Applicant

Pobal

Respondent

Procedural Posture

FOI Review / Final Decision

Legal Issues

  1. 1 Whether Pobal was justified under sections 36(1) and 37(1) of the FOI Act in refusing access to records comprising correspondence with consultants and advisers concerning a procurement process

Ratio Decidendi

Pobal was justified in refusing access to commercially sensitive information under section 36(1)(b) and personal information under section 37(1), except for record 220.1 which did not constitute personal information and must be released. The public interest did not outweigh privacy or commercial sensitivity concerns for the withheld records.

Court Disposition

decision varied

Orders

  • Affirmed refusal under section 36(1)(b) for records 130.1, 139, 154.1, 172, 244.1.
  • Affirmed refusal under section 37(1) for record 224.