Information commissioner rules against Central Bank

The information commissioner has found against the Central Bank over its interpretation of the Freedom of Information (FoI) Act.

The bank can either appeal in the High Court or accept the findings. “The commissioner considered that the bank’s position is entirely at odds with the spirit and intent of the legislation and that it would essentially allow the bank to throw a blanket over all of its records without external, independent oversight by his office,” said a spokesperson for the Office of the Information Commissioner.

The matter relates to an FoI request made to the Central Bank, for access to minutes of meetings. “Apart from the minutes of one meeting to which access was refused, the bank informed the applicant that the Act did not apply to the remaining minutes as they contained information that was excluded from the FoI Act.

“It also informed him the processes or procedures associated with the FoI Act did not apply, including the right to internal review of its decision and review of the decision by the information commissioner,” the Office of the Information Commissioner spokesperson said. The function of the Office of the Information Commissioner is to review an FoI decision by a government department or public body, as requested by a member of the public who is left unsatisfied by the result of their FoI request.

However, some sensitive information held by certain public bodies is exempt from the 2014 FoI Act under a segment known as ‘schedule 1’. Therefore, the Office of the Information Commissioner has found itself precluded from reviewing some FOI decisions.

A Central Bank spokesperson told the Irish Examiner

that, “it notes the decision of the information commissioner and will consider its contents”.

The Central Bank has four weeks from the date of the decision, June 8, to respond.