X and Y and the Health Service Executive (FOI Act 2014) [2016] IEIC 150448 (16 June 2016)

X and Y and the Health Service Executive (FOI Act 2014) [2016] IEIC 150448 (16 June 2016)

Records containing personal information relating to third parties are exempt under sections 37(1) and 37(7) unless exceptions apply; certain records relating more to applicants are releasable with redactions; copyright exemption applies only where release would infringe third-party copyright; records prepared for court proceedings are exempt under section 31(1)(b).

Citation
[2016] IEIC 150448
Parties
Applicants: X and Y; Respondent: Health Service Executive
Jurisdiction
Ireland
Judgment Date
16 June 2016
Procedural Posture
FOI Review / Information Commissioner's Decision
Outcome
Varied; partial release ordered, remainder affirmed refused
Legal Topics
FOI Act 2014, Personal Information Exemption, Copyright Exemption, Court Proceedings Exemption
Administrative Law Freedom of Information FOI Act 2014 Personal Information Exemption Copyright Exemption Court Proceedings Exemption

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

X and Y

Applicants

Health Service Executive

Respondent

Procedural Posture

FOI Review / Information Commissioner's Decision

Legal Issues

  1. 1 Whether HSE was justified in refusing access to parts of applicants' fostering files under sections 17 and 37 of the FOI Act
  2. 2 Whether copyright and personal information exemptions apply to requested records
  3. 3 Whether court proceedings exemption applies

Ratio Decidendi

Records containing personal information relating to third parties are exempt under sections 37(1) and 37(7) unless exceptions apply; certain records relating more to applicants are releasable with redactions; copyright exemption applies only where release would infringe third-party copyright; records prepared for court proceedings are exempt under section 31(1)(b).

Court Disposition

Varied; partial release ordered, remainder affirmed refused

Orders

  • Release last paragraph of record 72, record 73, last two paragraphs of record 92, record 93, record 94, first two diary entries in record 95, last paragraph of record 100, record 101, record 102 (except last paragraph), records 107-113, record 114 (except specified lines), records 115 and 116, 155-162 with redactions
  • Refuse access to records 61, 62, 64 under sections 18 and 37