Mr. A and Health Service Executive [2024] IEIC 147058 (04 December 2024)

Mr. A and Health Service Executive [2024] IEIC 147058 (04 December 2024)

Addition of page numbers to records during FOI processing does not render them new records; section 15(1)(i) applies to records previously released, and applicant's reasons for seeking originals are not relevant under FOI Act. HSE was justified in refusing access to records already released, except for records where...

Source-derived case information.

Citation
[2024] IEIC 147058
Parties
Applicant: Mr. A; Respondent: Health Service Executive
Jurisdiction
Ireland
Judgment Date
04 December 2024
Procedural Posture
FOI Review / Final Decision
Outcome
Varied
Legal Topics
FOI Refusal, Access to Medical Records, Administrative Error, Inspection of Originals, Section 15(1)(i) FOI Act
Freedom of Information Health Law Data Protection FOI Refusal Access to Medical Records Administrative Error Inspection of Originals Section 15(1)(i) FOI Act

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr. A

Applicant

Health Service Executive

Respondent

Procedural Posture

FOI Review / Final Decision

Legal Issues

  1. 1 Whether HSE was justified in refusing access to applicant's clinical file under section 15(1)(i) of the FOI Act
  2. 2 Whether administrative numbering error constitutes creation of new records
  3. 3 Whether applicant is entitled to inspect original records despite prior release of copies

Ratio Decidendi

Addition of page numbers to records during FOI processing does not render them new records; section 15(1)(i) applies to records previously released, and applicant's reasons for seeking originals are not relevant under FOI Act. HSE was justified in refusing access to records already released, except for records where release status is undetermined.

Court Disposition

Varied

Orders

  • HSE's refusal under section 15(1)(i) affirmed for records already released.
  • HSE directed to undertake fresh decision-making process for records listed as 'un-numbered records/undetermined if previously released'.