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Decisions

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Right to Know CLG and Raidió Teilifís Éireann (RTÉ)

The Commissioner found that RTÉ was justified in refusing access to the emails on the basis that the information concerned is not environmental information within the meaning of the definition in article 3(1) of the AIE Regulations. Accordingly, he held that RTÉ was not obliged to process the appellant's request for access to the information and that he had no further jurisdiction in relation to the matter

Date

6th December 2019

Case Number

CEI/19/0007

Public Body

Raidió Teilifís Éireann

Article of the Regulations

Art.3

Right to Know CLG and Transport Infrastructure Ireland (TII)

Date

5th December 2019

Case Number

CEI/18/0046

Public Body

Transport Infrastructure Ireland

Article of the Regulations

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

Mr X and ESB

The Commissioner found that ESB was justified in refusing the appellant?s request under article 9(2)(a) of the AIE Regulations. He affirmed ESB?s decision accordingly.

Date

5th December 2019

Case Number

CEI/19/0018

Public Body

ESB

Article of the Regulations

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

People over Wind and Coillte Teoranta (Coillte)

The Commissioner found that Coillte was justified in refusing part of the request because it did not hold certain information but was not justified in refusing other parts of the request on that ground. He found that some of the withheld information is out of scope. He found that the information at issue is environmental information. He found that Coillte had not properly made out a case for withholding that information but he decided, in circumstances where additional records within the scope of the request have yet to be considered by Coillte, that it was not appropriate for him to require the release of the information until the necessary consideration and weighing of the competing interests in relation to all of the information had taken place. The Commissioner expressed the expectation that Coillte will reprocess the request, taking account of his findings and of the additional records that Coillte has since located, and give the appellants a new decision.

Date

22nd November 2019

Case Number

CEI/19/0011

Public Body

Coillte

Article of the Regulations

Art.3,Art.9

Dr C and the Department of Culture, Heritage and the Gaeltacht (the Department)

The Commissioner found that it was reasonable to conclude that information requested was not held by the Department following its carrying out of adequate searches and thus article 7(5) of the AIE Regulations applied

Date

22nd November 2019

Case Number

CEI/19/0026

Public Body

Department of Culture, Heritage and the Gaeltacht

Article of the Regulations

Art.7,Art.7(5)

Mr X and University College Dublin (UCD)

The Commissioner found that the requested correspondence was held in the professor?s personal capacity and not by or for UCD and thus article 7(5) of the AIE Regulations applied

Date

22nd November 2019

Case Number

CEI/19/0020

Public Body

University College Dublin

Article of the Regulations

Art.7,Art.7(5)

Percy Podger and the Department of Defence

The Commissioner found that the information is environmental information and he required the Department to make it available to the appellant

Date

20th November 2019

Case Number

CEI/19/0034

Public Body

Department of Defence

Article of the Regulations

Art.3

Right to Know CLG and National Asset Management Agency (NAMA)

The Commissioner found that NAMA was justified in refusing access to the information sought under article 8(a)(iv) of the AIE Regulations and affirmed its decision accordingly.

Date

22nd August 2019

Case Number

CEI/18/0034

Public Body

National Asset Management Agency

Article of the Regulations

Art.3,Art.8,Art.8(a)(iv)

Mr. J and EirGrid PLC (EirGrid)

The Commissioner accepted EirGrid's assurance that it did not hold certain information at the relevant time. He found that EirGrid's refusal to provide further information was justified in relation to all parts of the request except one. He found that EirGrid had not properly addressed one part because it had not properly had regard to the appellant's clarification of the scope of that part. Accordingly, he varied EirGrid's decision by annulling its decision on that part while affirming its decision on the other parts. He expressed his expectation that EirGrid will make a fresh decision on the annulled part in accordance with the AIE Regulations, if the appellant so wishes.

Date

16th August 2019

Case Number

CEI/19/0012

Public Body

EirGrid PLC

Article of the Regulations

Art.6

Mr. P and Inland Fisheries Ireland (IFI)

The Commissioner found that IFI's search for information was adequate. He found that, in the circumstances, IFI was not obliged, when processing this AIE request, to ask a retired member of staff if they held relevant information in a private email account (if any) or on a privately-owned mobile phone on IFI's behalf. Accordingly, the Commissioner affirmed IFI's decision and did not require it to take any action

Date

29th July 2019

Case Number

CEI/19/0002

Public Body

Inland Fisheries Ireland

Article of the Regulations

Art.7

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The Office of the Commissioner for               Environmental Information
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