X Ltd and the Health and Safety Authority (FOI Act 2014)

On 3 April 2017, the applicant sought access to records relating to an investigation carried out by the Health and Safety Authority (HSA) into a workplace accident in 2011. The HSA's decision of 25 May identified 11 records as relevant to the request. It granted access to 3 records in full. It relied on sections 32, 35, 37 and 42(m) of the FOI Act to withhold access to six records in part and one record (Record 9) in full. In relation to one record (Record 6) material within the record which was deemed to be outside the scope of the original request was excluded.

On 22 June the applicant sought an internal review of the HSA's decision to refuse to grant access to Record 9. The internal review request also raised the matter of Record 6 but following consultation with the applicant the internal review did not substantively address this point. The HSA's decision of 26 July affirmed its original decision to refuse to grant access to Record 9. In reaching this decision the internal reviewer relied on sections 30, 35, 37 and 42(m) the FOI Act. On 21 August the applicant sought a review by this Office of the HSA's decision in relation to Record 6 and 9.

I have decided to bring this review to a close by way of a formal binding decision. In conducting this review I have had regard to the HSA's decisions on the matter and its communications with this Office, to the applicant's communications with this Office and the HAS, and to the contents of the records concerned.

Section 2 of the Act defines "record" as including "a copy or part" of anything falling within the definition of a record. Section 18(1) provides, that "if it is practicable to do so", access to an otherwise exempt record shall be granted by preparing a copy, in such form as the head of the FOI body concerned considers appropriate, of the record with the exempt information removed. Section 18(1) does not apply, however, if the copy provided for thereby would be misleading (section 18(2) refers).

The Commissioner takes the view that neither the definition of a record under section 2 of the Act nor the provisions of section 18 envisage or require the extracting of particular sentences or occasional paragraphs from records for the purpose of granting access to those particular sentences or paragraphs. Generally speaking, he is not in favour of the cutting or "dissecting" of records to such an extent. He takes the view that, being "practicable" necessarily means taking a reasonable and proportionate approach in determining whether to grant access to parts of records