X and CORU

In conducting my review, I have had regard to the correspondence between CORU and the applicant as described above, as well to correspondence between this Office and both the applicant and CORU. I have also had regard to the contents of the records at issue and the provisions of the FOI Act.

This review is concerned with whether CORU was justified in refusing access to the withheld information which falls within the scope of the applicant’s FOI request under sections 15(1)(a), 15(1)(d), 15(1)(i) and 31(1)(a) of the FOI Act.

Secondly, my jurisdiction under section 22 of the FOI Act is to make a new decision, in light of the facts and circumstances as they apply on the date of the review. The Courts have endorsed this approach.

The FOI Act does not require absolute certainty as to the existence or location of records because records may be lost or simply cannot be found. This Office can find that a body's decision was justified under section 15(1)(a) even where records that an applicant believes exist or ought to exist have not been found. In the circumstances, I am satisfied that CORU has taken reasonable steps to search for the records sought. I find that CORU was justified in refusing access to further records under section 15(1)(a) of the FOI Act.

Section 15(1)(i)(i) of the FOI Act allows an FOI body to refuse to grant a request where the request relates to records already released to the same or a previous requester, where the records are available to the requester concerned. It seems to me that the purpose of section 15(1)(i) is to allow an FOI body to refuse a request where it has already released the record the subject of the request and it is available to the requester.