The Land Development Agency (LDA) has appealed to the High Court to block release of their risk register to Right to Know.
Last month, the Information Commissioner (OIC) annulled a decision of the LDA to withhold a large portion of the document, primarily on commercial sensitivity grounds.
In a decision, the OIC said they could not see how release of the information would “prejudice the conduct or the outcome of … negotiations.”
It said it was very difficult to see how harm would be caused and ordered the LDA to disclose the document in full.
Risk registers have been the subject of many decisions by the OIC in the past, almost always in favour of the requester.
On 19 August, the LDA appealed the decision to the High Court saying they were a commercial semi-state body set up to take urgent measures to deal with systemic housing shortages in Ireland.
They said they had to compete against and contract with private participants in property development, construction, and rental markets.
The LDA argued the risk register contained trade secrets and release could result in a material financial loss to them.
It is the third time in the space of three years a public body has taken a Right to Know decision to the High Court.
The two previous cases involved the IDA and in both, the records were eventually released.
Both also had a significant cost to the taxpayer with the case involving an IDA client survey costing at least €78,000.