Latest Irish Information Commissioner decisions

Case 010355 - AV Niche Ltd and the Department of Justice, Equality & Law Reform
"Request for access to records created by the Garda Síochána in relation to a tender competition where the Department was the contracting authority - whether the records created by the Garda Síochána are under the control of the Department - section 2(5)(a)"
-Having regard to the other factors, including ownership, physical possession and the Department's reliance on the records, the Commissioner concluded that the records were not under the control of the Department

Case 050129 - Mr. X and the Health Service Executive
"Request by parent for access to child's hospital records - whether release would best serve the interests of the child - section 28(6)"
-The Commissioner annulled the decision of the HSE and made a new decision to grant the request for access to the child's hospital records.

Case 050338 - Mr. X and the Department of Community, Rural & Gaeltacht Affairs
"Request to the Department of Community, Rural and Gaeltacht Affairs for access to the report of an investigation into allegations made by the requester against the Chief Executive Officer of Waterways Ireland - whether such release could reasonably be expected to affect adversely matters relating to Northern Ireland - section 24(1)(d) - whether such release contained information communicated in confidence to any person in or outside the State from any person in or outside the Sate and relating to a matter relating to Northern Ireland and expressed by the latter person to be confidential or to be communicated in confidence - section 24(2)(d) - whether such release would amount to a breach of a duty of confidence - section 26(1)(b) - whether such release would involve the disclosure of personal information - section 28(1) - whether the public interest was better served by the release of any personal information rather than by it being withheld - section 28(5)(a) - whether such release could reasonably be expected to prejudice the effectiveness of tests, examinations, investigations, etc conducted by or on behalf of the Department or the procedures or methods employed for the conduct thereof - section 21(1)(a)."
-The Commissioner did not accept that section 24 applied to the report.