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CPUAnalysis 98021: Lt. Col. (Retd.) AAD and the Defence Forces.
CPUAnalysis 98021: Lt. Col. (Retd.) AAD and the Defence Forces.
Section : Section 28(3) relates specifically to records of a medical or psychiatric nature or social work records. It does not apply to other records which the public body feels may be harmful in a general way if released to requester.
98021
Section 2 [staff assessment forms/definition of personal information] Section 26(2) Section 28(3) Section 6(6)
1. The three year limit on retrospection to personnel records set out in section 6(6) was applicable to current members of staff only.
2. Staff assessment forms are personal information as they include "the views or opinions of another person about the individual".
3. Section 28(3) relates specifically to records of a medical or psychiatric nature or social work records. It does not apply to other records which the public body feels may be harmful in a general way if released to requester.
4. It is not acceptable to refuse an FOI request on the grounds that acceding to it will create a potential for further requests.
The requester sought access to all records on his personal file. The Commissioner found in favour of the requester.