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Decisions

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Ms H and Irish Aviation Authority

The Commissioner annulled the decision of the IAA and directed it to carry out a fresh decision making process.

Date

30th November 2023

Case Number

OCE-127739-F6N9X8

Public Body

Irish Aviation Authority

Article of the Regulations

Art.10,Art.10(3)

Mr Ken Foxe and RTÉ

The Commissioner found that (i) RTÉ is a public authority within the meaning of the AIE Regulations; (ii) the information requested is “environmental information” within the meaning of the Regulations; and (iii) article 9(2)(a) of the Regulations does not provide grounds for refusal of the request.

Date

30th November 2023

Case Number

OCE-113639-G4G9Z9

Public Body

RTÉ

Article of the Regulations

Art.3,Art.3(1),Art.9,Art.9(2)(a)

Ms X and Department of Agriculture, Food and the Marine

The Commissioner annulled the decision of the Department on the ground that it had not conducted adequate searches in an effort to locate all relevant environmental information. He directed it to undertake a fresh decision-making process in respect of the appellant's request.

Date

29th November 2023

Case Number

OCE-137148-T5C1J9

Public Body

Department of Agriculture, Food and the Marine

Article of the Regulations

Art.7,Art.7(5)

Ms X and Coillte

The Commissioner annulled Coillte's decision and directed it to undertake a fresh decision-making process in respect of parts 2) and 3) the request.

Date

29th November 2023

Case Number

OCE-135566-K8T9M3

Public Body

Coillte

Article of the Regulations

Art.7,Art.7(5)

Dr Fred Logue and Environmental Protection Agency

The Commissioner annulled the EPA's decision. He directed the EPA to give electronic access to the information relating to the compliance investigation that is on the LEAP system by identifying and pointing the appellant to where he can access that information on LEAP Online. He also directed the EPA to conduct a fresh decision-making process in respect of any information relating to the compliance investigation that is on the LEMA system which is not on the LEAP system and is not available on LEAP Online.

Date

24th November 2023

Case Number

OCE-122139-H8B8H5

Public Body

Environmental Protection Agency

Article of the Regulations

Art.7,Art.7(3)

FP Logue Solicitors c/o Dr Fred Logue and An Bord Pleanála

The Commissioner annulled ABP's decision on the grounds that the appellant's request was not dealt with in accordance with articles 7(4) and 11(4) of the AIE Regulations. He directed ABP to undertake a fresh decision-making process in respect of the appellant's request.

Date

24th November 2023

Case Number

OCE-136880-Q2N3W3

Public Body

An Bord Pleanála

Article of the Regulations

Art.11,Art.11(4),Art.7,Art.7(4)

Mr D and Department of Agriculture, Food and the Marine

The Commissioner annulled the decision of the Department on the ground that it had not conducted adequate searches in an effort to locate all relevant environmental information. He directed it to undertake a fresh decision-making process in respect of the appellant's request.

Date

13th November 2023

Case Number

OCE-136869-N6S0J3

Public Body

Department of Agriculture, Food and the Marine

Article of the Regulations

Art.7,Art.7(5)

Ken Foxe and Data Protection Commission

The Commissioner found that the information at issue was ''environmental information'' and that neither article 8(a)(iv) nor 9(2)(d) of the AIE Regulations provided grounds for its refusal. He directed release of the information on that basis.

Date

9th November 2023

Case Number

OCE-124513-C1V0F9

Public Body

Data Protection Commission

Article of the Regulations

Art.3,Art.3(1),Art.8,Art.8(a)(iv),Art.9,Art.9(2)(d)

Mr D and Department of Agriculture, Food and the Marine

The Commissioner found that the articles 9(2)(a) & 9(2)(b) of the AIE Regulations did not provide grounds for refusal in the circumstances of the case and remitted the case to the Department to process the requests in accordance with the provisions of the AIE Regulations.

Date

7th November 2023

Case Number

OCE-137279-M3G7T5, OCE-137565-Q1J5W8

Public Body

Department of Agriculture, Food and the Marine

Article of the Regulations

Art.9,Art.9(2)(a),Art.9(2)(b)

Right to Know CLG c/o Mr Ken Foxe and daa PLC

The Commissioner annulled daa's decision and directed it to undertake a fresh decision making process in respect of the appellant's request.

Date

7th November 2023

Case Number

OCE-136877-P1T9D3

Public Body

daa PLC

Article of the Regulations

Art.7,Art.7(5)

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