Dept of Education refuses FOI on POD as ‘not in the public interest’

2nd March 2015

Mr Simon McGarr

Re: FOI request 2015/45

I refer to the request which you made under the Freedom of Information Act 2014 for records held by this body:

‘I wish to make a request under the Freedom of Information Acts (as amended) for copies of any and all documents including but not limited to observations, letters, emails and/or submissions whether held in paper, electronic or any format relating to the Primary Online Database between the Department and Minister for Education and Skills and the Data Protection Commissioner and/or her Office.’

I, XXXX, Higher Executive Officer have now made a final decision to refuse your request on 27/02/2015.

The purpose of this letter is to explain that decision. This explanation has the following parts:

1. a condensed schedule of all of the records covered by your request;
2. an explanation of the relevant findings concerning the records to which access is denied, and
3. a statement of how you can appeal this decision should you wish to do so.

This letter addresses each of these three parts in turn.

1. Schedule of records

Outlined below are the documents that this body considers relevant to your request.
1. Emails between Department of Education and Skills and the Data Protection Commissioner’s Office regarding the Primary Online Database – 9 emails between 9/12/13 and 30/1/15
2. Notes and agendas of meetings between the Department of Education and Skills and the Data Protection Commissioner’s Office regarding the Primary Online Database – 3 (11/12/13 and 10/2/15)

2. Findings, particulars and reasons for decisions to deny access

The decision to deny access to records has been made under Section 29 of the FOI Act 2014, Deliberations of FOI bodies
29. (1) A head may refuse to grant an FOI request—
(a) if the record concerned contains matter relating to the deliberative processes of
an FOI body (including opinions, advice, recommendations, and the results of
consultations, considered by the body, the head of the body, or a member of the
body or of the staff of the body for the purpose of those processes), and
(b) the granting of the request would, in the opinion of the head, be contrary to the
public interest,

Under the provisions of Section 29(1) of the Freedom of Information Act 2014, I consider that the public interest would not be best served at this time on the basis that it would reveal details regarding the deliberative process on the current development of a revised circular on the Primary Online Database. The Department has yet to finalise its deliberations and such release could prejudice the Department’s ability to properly conclude those deliberations.

3. Rights of appeal

You may appeal this decision. In the event that you need to make such an appeal, you can do so by writing to the Freedom of Information Unit, Department of Education and Skills, Marlborough Street, Dublin 1. Your correspondence should include a fee of €30 for processing the appeal. (Payment should be made by way of personal cheque or postal money order to the accountant the Department of Education and Skills/Please note that from 19 September, 2014, the Department of Education and Skills will no longer accept cheque payments from business users in accordance with the Department of Finance Circular 01/2013. For further information regarding payment methods for business users, please email [email protected]).

You should make your appeal within 4 weeks from the date of this notification, however, the making of a late appeal may be permitted in appropriate circumstances. A week is defined in the Act to mean 5 consecutive weekdays, excluding Saturdays and public holidays (Sunday are also excluded, as they are not weekdays). The appeal will involve a complete reconsideration of the matter by a more senior member of the staff of this Department.

Should you have any questions or concerns regarding the above, please contact me by telephone on xxxx.

Yours sincerely,

________________________

Xxxx
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