NEWS “without comment”


 Supreme Court rules public bodies must justify refusals to disclose exempted records under FOI Act

Published 28 October 2020

On 25 September 2020, the Supreme Court ruled in two separate judgments that where a public body decides not to disclose certain records (on the basis of an exemption under the Freedom of Information Act 2014 (the “Act”)). The reasons for the decision must be fully explained, and the public body must be in a position to justify why the public interest is not better served by the release of the records, write Colin Rooney, Ciara Anderson and Caoimhe Stafford.

The Cases

The two cases involved similar sets of facts. Both cases involved applications for disclosure of certain records, which were opposed by the public bodies in question. In both situations, the Information Commissioner granted those applications, but had their decision reversed by the Court. The Information Commissioner is now required to carry out fresh reviews of the applications in view of the Supreme Court’s judgments.

Full Article and Case details can be read at: