LK v- Minister for Justice and Equality [2016] IEHC 706 (21 November 2016)
The orders for disclosure of medical records are not ultra vires the 2008 Act as witnesses in criminal trials can be compelled to produce documents; the applicant's right to privacy is outweighed by public interest in international cooperation and effective criminal prosecution.
Source-derived case information.
- Citation
- [2016] IEHC 706
- Parties
- Applicant: L. K.; Respondent: Minister for Justice and Equality
- Jurisdiction
- Ireland
- Judgment Date
- 21 November 2016
- Procedural Posture
- Judicial Review / Final Judgment
- Outcome
- Application refused
- Legal Topics
- Mutual Assistance, Compellability of Witnesses, Right to Privacy, Disclosure of Medical Records
Source-derived case record
Summary, issues, holding and outcome
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Parties
L. K.
Applicant
Minister for Justice and Equality
Respondent
Procedural Posture
Judicial Review / Final Judgment
Legal Issues
- 1 Whether the orders for disclosure of medical records are ultra vires the Criminal Justice (Mutual Assistance) Act 2008
- 2 Whether the orders impermissibly interfere with the applicant's constitutional right to privacy
Ratio Decidendi
The orders for disclosure of medical records are not ultra vires the 2008 Act as witnesses in criminal trials can be compelled to produce documents; the applicant's right to privacy is outweighed by public interest in international cooperation and effective criminal prosecution.
Court Disposition
Application refused
Orders
- Substantive relief sought by the applicant refused
- Stay on transmission of material continued until close of business on 21st November 2016, then discharged unless continued by Court of Appeal
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