Whether the Department was justified in refusing, under section 15(1)(d) of the Act, the applicant's request for records of the confirmation of ingredients/components of the Pfizer, Astra Zeneca and Johnson & Johnson Covid-19 vaccines on the ground that the information sought is already in the public domain
21 March 2022
Background
In a request dated 8 of December 2021, the applicant sought access to any record of confirmation of the ingredients/components of the Pfizer, Astra Zeneca, and Johnson & Johnson Covid-19 vaccines.
In a decision dated 17 December 2021, the Department refused the request under section 15(1)(d) of the Act on the ground that the information sought is readily available on the European Medicines Agency website. It included details of a link provided by the HSE to the manufacturers' patient information leaflets.
On 20 December 2021, the applicant sought an internal review of that decision, following which the Department affirmed its refusal of the request under section 15(1)(d). On 17 January 2022, the applicant applied to this Office for a review of the Department's decision.
I have now completed my review in accordance with section 22(2) of the FOI Act. In carrying out my review, I have had regard to the correspondence between the parties as outlined above and to the correspondence between this Office and both parties on the matter. I have decided to conclude this review by way of a formal, binding decision.
Scope of Review
This review is concerned solely with whether the Department was justified in refusing, under section 15(1)(d) of the Act, the applicant's request for records of the confirmation of ingredients/components of the Pfizer, Astra Zeneca and Johnson & Johnson Covid-19 vaccines on the ground that the information sought is already in the public domain.
Analysis and Findings
Section 15(1)(d) provides that an FOI body may refuse to grant a request if the information requested is already in the public domain. In its submissions to this Office, the Department said it does not hold any records of the ingredients of the Pfizer, AstraZeneca and Johnson & Johnson vaccines that is not already available in the public domain. It confirmed that it holds the following records that are also available via the European Medicines agencies website www.ema.europa.eu:
- Vaxzeira (previously AstraZeneca) product information
- Comirnaty (previously Pfizer/BioTech) product information
- Jansen vaccine product information
During the review, the Department also provided copies of those records to the applicant. I note that the applicant was invited to make a submission on the matter but did not do so. Given that the records sought are already in the public domain, I find that the Department was justified in refusing the request under section 15(1)(d) of the Act.
Decision
Having carried out a review under section 22(2) of the FOI Act, I hereby affirm the Department's decision to refuse, under section 15(1)(d) of the Act, the applicant's request for records of the confirmation of ingredients/components of the Pfizer, Astra Zeneca and Johnson & Johnson Covid-19 vaccines on the ground that the information sought is already in the public domain.
Right of Appeal
Section 24 of the FOI Act sets out detailed provisions for an appeal to the High Court by a party to a review, or any other person affected by the decision. In summary, such an appeal, normally on a point of law, must be initiated not later than four weeks after notice of the decision was given to the person bringing the appeal.
Stephen Rafferty
Senior Investigator
