Among the cases relating to freedom of information requests adjudicated upon by the Information Commissioner were:
A candidate for the post of clerical assistant in the Civil Service failed at interview stage and sought access to all personal information held in relation to his application. The Office of the Civil Service Commissioners refused access on the grounds that members of interview boards understood their deliberations were to be confidential.
The commissioner ruled the requester was, subject to certain minor restrictions, entitled to full access to the records associated with the proceedings of the interview board and its assessment. He found no evidence to support the argument that prospective interview board members would be deterred to such an extent that the commissioners would find it difficult to find suitable interviewers. He was not convinced the recruitment process would be impaired by the likelihood or scale of potential challenges to it.
A soldier dismissed from the Defence Forces over 20 years ago, following an investigation which found he could be a security risk, sought unsuccessfully to have this decision quashed by the High Court. He then sought access to all records about him held by the Department of Defence. He was refused some records on grounds that disclosure could reasonably be expected to affect adversely the security or defence of the State. The Department claimed that releasing the records would prevent sources of information being available to the Defence Forces in the future, and show how it gathered intelligence and co-operated with the Garda Siochana. It also refused access to some records on grounds of legal professional privilege.
The commissioner concluded that nothing which might reasonably be expected to affect adversely the security or defence of the State would be revealed by release of the records. He ruled they should be released subject to deletion of personal information about certain third parties.
He accepted that the Department was obliged to refuse access where records would be exempt from production in court proceedings on the grounds of legal professional privilege. But that exemption did not extend to certain records which were created subsequent to court proceedings and which were concerned with recoupment of costs.