Mr X and Property Registration Authority

JurisdictionIreland
JudgeSenior Investigator
Judgment Date10 September 2021
Case OutcomeThe Senior Investigator affirmed the decision of the PRA.
CourtInformation Commission
RespondentProperty Registration Authority
Record NumberOIC-107348-X5G0L2
Whether the PRA was justified in its decision to refuse access, under section 37(1) of the FOI Act, to a record relating to the applicant’s property and whether it was justified in refusing access to any other relevant records on the ground that no further records cold be found

10 September 2021

Background

It appears that the applicant in this case is involved in a dispute with his neighbour concerning the boundary of his property. On 7 March 2021, he submitted an FOI request to the PRA for all records for the period 1 January 1972 until the date of his request relating to his property, including folio maps, ordnance survey maps, folio documents and any work-related task including folio alterations, for example mapping changes, showing all requests and/or submissions concerning the property, history, and/or alterations completed, including dates (including but not limited to emails, notes, letters, voice recordings, reports, memos, internal communication etc.). The applicant also sought records as described above relating to the property adjoining his.

In its decision of 6 April 2021, the PRA explained that when an application for registration is completed, the legal effect of the documents lodged is registered on the folio. It said the title documents are subsequently filed in the Land Registry in a file known as an “Instrument”. It said an inspection of the folio will give the relevant Instrument number of all applications completed and registered on a folio. It said access to Land Registry Instruments is governed by Rule 159 of the Land Registration Rules 2012 and that any person who is entitled to inspect an Instrument may obtain a copy of the Instrument, on payment of the appropriate fee. It refused access to the instruments held by Land Registry under section 41(1) of the FOI Act. It also refused access to what it described as a correspondence application, under section 37(1) of the Act.

On 13 April 2021 the applicant sought an Internal Review of the PRA’s decision. While he said he accepted the PRA’s explanation about the access to the instrument, he continued to seek access to all other relevant records. On 30 April 2021, the PRA issued its Internal review decision, wherein it affirmed the original decision. On 10 May 2021, the applicant sought a review by this Office of the PRA’s decision, wherein he also suggested that additional relevant records should exist.

I have now completed my review in this case. I have decided to conclude the review by way of a formal binding decision. In conducting the review, I have had regard to the correspondence between the applicant and the PRA as set out above, and to the correspondence between this Office and both the applicant and the PRA on the matter. I have also had regard to the contents of the records at issue.

Scope of the Review

The record at issue in this case, described by the PRA as a correspondence application, comprises various documents held in connection with a query submitted by a third party. The PRA refused the record in its entirety. Accordingly, this review is concerned with whether the PRA was justified in refusing access, under section 37(1) of the FOI Act, to the record in question.

As the applicant is also of the view that the PRA failed to identify other relevant records, the review is also concerned with whether the PRA was justified in effectively refusing, pursuant to section 15(1)(a) of the Act, to grant access to any other relevant records.

Preliminary Issues

It is important to note that, while I am required by section 22(10) of the FOI Act to give reasons for decisions, this is subject to the requirement, under section 25(3), that I take all reasonable precautions in the course of a review to prevent the disclosure of exempt material. This means that I am constrained in this case from providing a fuller explanation for my findings than that set out below.

Furthermore, section 13(4) of the Act provides that, subject to the Act, in deciding whether to grant or refuse and FOI request, any reason that the requester gives for the request and any belief or opinion of the FOI body as to the reasons for the request shall be disregarded. This means that I cannot have regard to the applicant's motives for seeking access to the records at issue, except in so far as those motives reflect what might be regarded as public interest factors in favour of release of the records where the Act requires a consideration of the public interest (which I address below).

Analysis and Findings

Section 37(1)

Section 37(1) of the FOI Act provides that, subject to the other provisions of the section, an FOI body shall refuse a request if access to the record concerned would involve the disclosure of personal information. This does not apply where the information involved relates to the requester (section 37(2)(a) refers). However, section 37(7) provides that, notwithstanding section 37(2)(a), an FOI body shall refuse to grant a request if access to the record concerned would, in addition to involving the disclosure of personal information relating to the requester, also involve the disclosure of personal information relating to an individual or individuals other than the requester (commonly known as joint personal information).

Section 2 of the FOI Act defines personal information as information about an identifiable individual that either (a) would, in the ordinary course of events, be known only to the...

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