Mr A and Tallaght University Hospital [2024] IEIC 147990 (30 October 2024)

Mr A and Tallaght University Hospital [2024] IEIC 147990 (30 October 2024)

The applicant, as next of kin, does not have an automatic right to access the deceased's medical records under the FOI Act or the 2016 Regulations. The records are personal and sensitive, and no compelling public interest or evidence of consent was provided to outweigh the deceased's privacy rights. The Hospital was justified in refusing access under section 37(1) of the FOI Act.

Citation
[2024] IEIC 147990
Parties
Applicant: Mr A; Respondent: Tallaght University Hospital
Jurisdiction
Ireland
Judgment Date
30 October 2024
Procedural Posture
Freedom of Information Review / Decision of Information Commissioner Following Refusal by Public Body
Outcome
request refused; Hospital's decision affirmed
Legal Topics
Access to Medical Records of Deceased, Personal Information Exemption, Public Interest Test, Applicant as Next of Kin, FOI Act Section 37, 2016 Regulations
Freedom of Information Privacy Law Health Law Access to Medical Records of Deceased Personal Information Exemption Public Interest Test Applicant as Next of Kin FOI Act Section 37 +1 more

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Parties

Mr A

Applicant

Tallaght University Hospital

Respondent

Procedural Posture

Freedom of Information Review / Decision of Information Commissioner Following Refusal by Public Body

Legal Issues

  1. 1 Whether the Hospital was justified in refusing access to the medical records of the applicant's late father under section 37(1) of the FOI Act
  2. 2 Whether the applicant, as next of kin, has a right of access under the 2016 Regulations
  3. 3 Whether the public interest in disclosure outweighs the privacy rights of the deceased

Ratio Decidendi

The applicant, as next of kin, does not have an automatic right to access the deceased's medical records under the FOI Act or the 2016 Regulations. The records are personal and sensitive, and no compelling public interest or evidence of consent was provided to outweigh the deceased's privacy rights. The Hospital was justified in refusing access under section 37(1) of the FOI Act.

Court Disposition

request refused; Hospital's decision affirmed