Mr E and The Health Service Executive (FOI Act 2014) [2017] IEIC 170094 (23 May 2017)

Mr E and The Health Service Executive (FOI Act 2014) [2017] IEIC 170094 (23 May 2017)

The HSE provided a reasonable basis for its estimate of 21 hours at €20 per hour, totaling €420, for search and retrieval of records, and the decision to charge this fee was justified under the FOI Act 2014.

Citation
[2017] IEIC 170094
Parties
Applicant: Mr E; Respondent: The Health Service Executive
Jurisdiction
Ireland
Judgment Date
23 May 2017
Procedural Posture
FOI Review / Decision on Review
Outcome
decision affirmed
Legal Topics
FOI Fees, Search and Retrieval Charges, Public Body Obligations
Administrative Law Freedom of Information FOI Fees Search and Retrieval Charges Public Body Obligations

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Parties

Mr E

Applicant

The Health Service Executive

Respondent

Procedural Posture

FOI Review / Decision on Review

Legal Issues

  1. 1 Whether the HSE was justified in charging a fee of €420 for search and retrieval of records under the FOI Act 2014

Ratio Decidendi

The HSE provided a reasonable basis for its estimate of 21 hours at €20 per hour, totaling €420, for search and retrieval of records, and the decision to charge this fee was justified under the FOI Act 2014.

Court Disposition

decision affirmed

Orders

  • The HSE is entitled to charge a fee of €420 for search and retrieval under section 27 of the FOI Act 2014.