Refusing FOI Requests - The Latest From The Courts

In April 2017, the High Court delivered its decision in Minister for Communications, Energy and Natural Resources v The Information Commissioner [2017] IEHC 222. The case involved a Freedom of Information ("FOI") request made to the Minister for access to a 2009 concession agreement between the Minister and telecommunications company, ENET. The agreement set out the terms of the concession awarded to ENET to maintain, manage and operate the metropolitan area networks of fibre optic cables.

The Minister refused access to the agreement on the basis that it contained information obtained in confidence and commercially sensitive information under sections 35 and 36 of the Freedom of Information Act 2014 (the "FOI Act"), respectively. This decision was then appealed to, and annulled by, the Information Commissioner. The Commissioner noted that the Minister's decision to refuse the FOI request was presumed to be unjustified and that the onus was on the Minister to satisfy