Council does not have to disclose identity of complainant

The Office of Information Commissioner has affirmed Galway County Council’s decision not to release the name of a local resident who made a complaint about alleged illegal activity by a named individual.

The local authority received a complaint from a member of the public earlier this year, alleging that a woman was illegally burning rubbish at her County Galway home.

The woman, who was investigated on foot of that complaint, lodged a Freedom of Information (FOI) request with the County Council, so that she could get the name of the applicant who had made the complaint against her.

The Council refused the request, on the basis that the tip-off was given in confidence and on the understanding that it would be treated as confidential.

The women sought an internal review of that decision, but it was upheld, and so she brought her case to the Information Commissioner.

The Council cited section 42 of the FOI Act, which, “provides for the protection of the identity of persons who have given information to FOI bodies in confidence in relation to the enforcement or administration of the law to ensure that members of the public are not discouraged from co-operating with such bodies or agencies.”

The decision can be appealed to the High Court, on a point of law.

PHOTO: Information Commissioner Peter Tyndall.