New decisions from the Irish Information Commissioner

New decisions from the Irish Commissioner:

Letter Decisions:

  • Case 99013 - Ms. X and the South Western Area Health Board
    Access to records relating to requester's adoption - whether disclosure of such records prohibited by any enactment - section 32(1) - whether records disclose personal information of third party - section 28(1) - whether public interest better served by release - section 28(5)(a)

  • Case 040275 - Mr. Martin Collins and the Department of Communications, Marine & Natural Resources
    Request for access to records relating to the development of the Derrybrien Wind Farm - whether information given in confidence - section 26(1)(a) - whether disclosure would constitute a breach of a duty of confidence - section 26(1)(b) - whether commercially sensitive information - section 27(1)(b) - whether public interest better served by release - section 27(3)

High Court Judgements:

  • The South West Area Health Board Vs The Information Commissioner
    This judgement was given by the High Court on an appeal against the Commissioner's decision in Case Number 99013. The judgement, given by Mr. Justice T.C. Smyth on 31st May 2005, up-held the appeal by the Health Board (now the Health Services Executive South Western Area) against the Commissioner's decision to direct the release of certain parts of records concerning the requester's birth mother. The requester had been adopted shortly after her birth in the early 1960's.