Jane O’Connor v The Information Commissioner & Anor

Jane O’Connor v The Information Commissioner & Anor

At the relevant date, both executors of the deceased’s estate consented to disclosure and waived any claim for breach of confidence. Therefore, there was no actionable breach of confidence and section 41 FOIA was not engaged. The duty of confidence was owed to the estate, and the executors’ consent was sufficient to authorise disclosure.

Parties
Appellant: Jane O’Connor; First Respondent: The Information Commissioner; Second Respondent: Ministry of Defence
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Appeal / First Tier Tribunal (general Regulatory Chamber) Information Rights
Outcome
Appeal allowed
Legal Topics
Freedom of Information, Medical Records, Breach of Confidence, Executor Rights, Public Interest
Information Law Confidentiality Human Rights Freedom of Information Medical Records Breach of Confidence Executor Rights Public Interest

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Parties

Jane O’Connor

Appellant

The Information Commissioner

First Respondent

Ministry of Defence

Second Respondent

Procedural Posture

Appeal / First Tier Tribunal (general Regulatory Chamber) Information Rights

Legal Issues

  1. 1 Whether section 41 of the Freedom of Information Act 2000 applies to withhold deceased's medical records when executors consent to disclosure
  2. 2 Whether disclosure would constitute an actionable breach of confidence
  3. 3 Whether the duty of confidence is owed to the estate and can be waived by executors

Ratio Decidendi

At the relevant date, both executors of the deceased’s estate consented to disclosure and waived any claim for breach of confidence. Therefore, there was no actionable breach of confidence and section 41 FOIA was not engaged. The duty of confidence was owed to the estate, and the executors’ consent was sufficient to authorise disclosure.

Court Disposition

Appeal allowed

Orders

  • The Ministry of Defence must disclose the withheld information to the appellant within 35 days of the date of this decision.
  • Any failure to comply may amount to contempt and may be certified to the Upper Tribunal.