Ciarán Lynch (Cork South Central, Labour)
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In terms of head 26, in 2007 Ms O'Reilly identified that there was an anomaly whereby confidential information sent in a letter to a public body from a third party can qualify for exemption if it meets the criteria in head 26 while the same information received via telephone call or noted by a member of staff of a public body cannot attract such protection, because of the difficulties in terms of this head, unless it meets the duty of confidence test.

The document also states:

The Information Commissioner recommends that such information should attract the same protection and a distinction should be drawn between information received from a third party in such circumstances and information created or generated by a member of staff of a public body. It is worth considering for implementation subject to the legal advice of the Attorney General on the matter particularly in the light of the Supreme Court decision on the Rotunda case. Clarification with the Office of the Information Commissioner will be required also as regards the effectiveness of the suggested head above.

What is the current state of play in that regard?