Mr X and A Health Board [2002] IEIC 99397 (7 August 2002)

Mr X and A Health Board [2002] IEIC 99397 (7 August 2002)

All withheld records are exempt under section 28(1) as they contain joint personal information inextricably linked to third parties. Release would not serve the best interests of the child, no imminent danger to life or health was established, and public interest arguments did not outweigh privacy rights. Procedures...

Source-derived case information.

Citation
[2002] IEIC 99397
Parties
Applicant: Mr X; Respondent: A Health Board
Jurisdiction
Ireland
Judgment Date
07 August 2002
Procedural Posture
Freedom of Information Review / Final Determination by Information Commissioner
Outcome
Refusal of access affirmed
Legal Topics
Freedom of Information, Child Protection, Personal Information Exemption, Public Interest, Privacy Rights
Administrative Law Family Law Data Protection Freedom of Information Child Protection Personal Information Exemption Public Interest Privacy Rights

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Parties

Mr X

Applicant

A Health Board

Respondent

Procedural Posture

Freedom of Information Review / Final Determination by Information Commissioner

Legal Issues

  1. 1 Whether withheld records containing allegations of child abuse should be released under the Freedom of Information Act, 1997
  2. 2 Whether release would be in the best interests of the child
  3. 3 Whether disclosure is necessary to avoid serious and imminent danger to life or health

Ratio Decidendi

All withheld records are exempt under section 28(1) as they contain joint personal information inextricably linked to third parties. Release would not serve the best interests of the child, no imminent danger to life or health was established, and public interest arguments did not outweigh privacy rights. Procedures exist within the court system for production of records if required for family law proceedings.

Court Disposition

Refusal of access affirmed

Orders

  • Decision of Health Board to refuse access to withheld records affirmed
  • Applicant may appeal to the High Court on a point of law within four weeks