Mr. X and the Health Service Executive [2012] IEIC 110204 (3 July 2012)

Mr. X and the Health Service Executive [2012] IEIC 110204 (3 July 2012)

The HSE is justified in refusing access to the medical records of the applicant's deceased father under section 28(1) of the FOI Act because the records are inherently private, the deceased left written instructions to change his next of kin to another person, and the public interest in protecting privacy outweighs...

Source-derived case information.

Citation
[2012] IEIC 110204
Parties
Applicant: Mr. X; Respondent: Health Service Executive
Jurisdiction
Ireland
Judgment Date
03 July 2012
Procedural Posture
Freedom of Information Review / Decision of the Information Commissioner Following Formal Review
Outcome
Request refused; HSE's decision affirmed
Legal Topics
Freedom of Information, Access to Medical Records, Privacy Rights, Deceased Persons' Records
Administrative Law Information Law Freedom of Information Access to Medical Records Privacy Rights Deceased Persons' Records

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Mr. X

Applicant

Health Service Executive

Respondent

Procedural Posture

Freedom of Information Review / Decision of the Information Commissioner Following Formal Review

Legal Issues

  1. 1 Whether the HSE is justified in refusing access to the medical records of the applicant's deceased father under section 28(1) of the FOI Act
  2. 2 Whether the applicant qualifies as 'next of kin' under the 2009 Regulations and Guidance Notes
  3. 3 Whether the public interest favours release of the records under section 28(5) or 28(6)

Ratio Decidendi

The HSE is justified in refusing access to the medical records of the applicant's deceased father under section 28(1) of the FOI Act because the records are inherently private, the deceased left written instructions to change his next of kin to another person, and the public interest in protecting privacy outweighs the interest in disclosure, even though the applicant qualifies as next of kin under the regulations.

Court Disposition

Request refused; HSE's decision affirmed

Orders

  • The decision of the HSE to refuse access to the medical records of the applicant's deceased father is affirmed under section 28 of the FOI Act.