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Court challenge to FOI Commissioner

  • 22-11-2010 1:34pm
    #1
    CandleLight
    Closed Accounts Posts: 101 ✭✭


    Imagine

    Someone one makes an FOI request for personal records to a public body and the request is refused and the Information Commissioner agrees with public body

    How much does it cost to appeal a refusal of personal records by the FOI Commissioner to court and does one get the records if the courts agree the Info Comm erred?


Comments

  • #2
    coylemj
    Registered Users, Registered Users 2 Posts: 25,702 ✭✭✭✭coylemj


    It sounds like a pretty black & white scenario, if the Information Commissioner is saying 'no' then I doubt if you'll get much success if you take it further.

    By any chance is the 'public body' the Gardai?


  • #3
    maidhc
    Registered Users, Registered Users 2 Posts: 7,726 ✭✭✭maidhc


    Maybe you should be requesting under the Data Protection rather than FOI acts.


  • #4
    CandleLight
    Closed Accounts Posts: 101 ✭✭CandleLight


    coylemj wrote: »
    It sounds like a pretty black & white scenario, if the Information Commissioner is saying 'no' then I doubt if you'll get much success if you take it further.
    then what does appeal to court ona point of law mean
    By any chance is the 'public body' the Gardai?
    no. they don't come under FOI do they? The come under data protection


  • #5
    Our man in Havana
    Closed Accounts Posts: 29,472 ✭✭✭✭Our man in Havana


    You could apply to have the decision of the FOI Commissioner judicially reviewed. It would cost thousands unless you qualified for legal aid.


  • #6
    coylemj
    Registered Users, Registered Users 2 Posts: 25,702 ✭✭✭✭coylemj


    CandleLight wrote: »
    then what does appeal to court ona point of law mean

    What I'm getting at is that your request sounds pretty straightforward and is territory that has probably been covered before so if the department involved and the Information Commissioner are both saying 'no' then you're unlikely to get any satisfaction by taking it further.

    Can you tell us the name of the 'public body' and the nature of the information that is being sought?


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