P. -v- Information Commissioner [2009] IEHC 574 (13 July 2009)

P. -v- Information Commissioner [2009] IEHC 574 (13 July 2009)

The Commissioner erred in law by failing to give adequate consideration to the circumstances and timing of the allegations, misdirected herself as to the existence of malice, and placed undue emphasis on privacy rights over the public interest in disclosure. The decision was set aside and remitted for fresh...

Source-derived case information.

Citation
[2009] IEHC 574
Parties
Appellant: F. P.; Respondent: The Information Commissioner; Notice Party: The Health Service Executive (formerly the Eastern Health Board); Notice Party: Our Lady’s Hospital for Sick Children; Notice Party: S. P.
Jurisdiction
Ireland
Judgment Date
13 July 2009
Procedural Posture
Appeal on a Point of Law / Judgment
Outcome
appeal allowed
Legal Topics
Freedom of Information, Public Interest Test, Privacy Rights, Malicious Allegations, Access to Records
Administrative Law Information Law Child Protection Freedom of Information Public Interest Test Privacy Rights Malicious Allegations Access to Records

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Parties

F. P.

Appellant

The Information Commissioner

Respondent

The Health Service Executive (formerly the Eastern Health Board)

Notice Party

Our Lady’s Hospital for Sick Children

Notice Party

S. P.

Notice Party

Procedural Posture

Appeal on a Point of Law / Judgment

Legal Issues

  1. 1 Whether the Information Commissioner erred in law in applying the public interest test under s. 28(5)(a) of the Freedom of Information Act 1997
  2. 2 Whether the Commissioner misdirected herself regarding the existence of malicious allegations
  3. 3 Whether the right to privacy was unduly emphasised over the public interest in disclosure

Ratio Decidendi

The Commissioner erred in law by failing to give adequate consideration to the circumstances and timing of the allegations, misdirected herself as to the existence of malice, and placed undue emphasis on privacy rights over the public interest in disclosure. The decision was set aside and remitted for fresh consideration.

Court Disposition

appeal allowed

Orders

  • Declaration that the Commissioner’s decisions were erroneous on a point of law regarding the existence and malice of allegations
  • Decisions of the Commissioner dated 17th and 28th November 2005 set aside