McK -v- The Information Commissioner [2006] IESC 2 (24 January 2006)

McK -v- The Information Commissioner [2006] IESC 2 (24 January 2006)

The Commissioner erred in law by requiring tangible evidence that release of the records would serve the child's best interests, thereby reversing the constitutional presumption that a parent acts in the child's best interests. The correct test is to presume parental entitlement to access, subject to rebuttal by evidence that such access would not serve the child's best interests.

Citation
[2006] IESC 2
Parties
Appellant/respondent: N. McK.; Respondent/appellant: The Information Commissioner
Jurisdiction
Ireland
Judgment Date
24 January 2006
Procedural Posture
Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
appeal dismissed; High Court order affirmed; matter remitted to Commissioner for reconsideration
Legal Topics
Freedom of Information, Parental Rights, Best Interests of the Child, Access to Medical Records, Onus of Proof
Constitutional Law Family Law Administrative Law Freedom of Information Parental Rights Best Interests of the Child Access to Medical Records Onus of Proof

Case Brief

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Parties

N. McK.

Appellant/respondent

The Information Commissioner

Respondent/appellant

Procedural Posture

Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether a parent/joint guardian is entitled under the Freedom of Information Act, 1997 to access a minor child's medical records when other guardians object
  2. 2 Whether the Information Commissioner applied the correct legal test regarding the best interests of the child under s.28(6) of the Act and the 1999 Regulations

Ratio Decidendi

The Commissioner erred in law by requiring tangible evidence that release of the records would serve the child's best interests, thereby reversing the constitutional presumption that a parent acts in the child's best interests. The correct test is to presume parental entitlement to access, subject to rebuttal by evidence that such access would not serve the child's best interests.

Court Disposition

appeal dismissed; High Court order affirmed; matter remitted to Commissioner for reconsideration

Orders

  • Affirm the High Court's interpretation of the Act and Regulations
  • Remit the matter to the Information Commissioner for review in accordance with the correct legal test and current circumstances