Mr X and the Health Service Executive [2015] IEIC 140042 (8 June 2015)

Mr X and the Health Service Executive [2015] IEIC 140042 (8 June 2015)

Release of the requested records could reasonably be expected to prejudice or impair ongoing investigations and prosecutions, and would disclose personal and joint personal information, with privacy interests outweighing any public interest in disclosure.

Citation
[2015] IEIC 140042
Parties
Applicant: Mr X; Respondent: Health Service Executive
Jurisdiction
Ireland
Judgment Date
08 June 2015
Procedural Posture
Freedom of Information Review / Final Decision by Information Commissioner
Outcome
request refused
Legal Topics
Freedom of Information, Public Interest, Privacy, Law Enforcement Exemption
Administrative Law Information Law Freedom of Information Public Interest Privacy Law Enforcement Exemption

Case Brief

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Parties

Mr X

Applicant

Health Service Executive

Respondent

Procedural Posture

Freedom of Information Review / Final Decision by Information Commissioner

Legal Issues

  1. 1 Whether the HSE was justified in refusing access to correspondence between the HSE and An Garda Síochána under sections 23(1)(a)(i) and 28 of the FOI Act

Ratio Decidendi

Release of the requested records could reasonably be expected to prejudice or impair ongoing investigations and prosecutions, and would disclose personal and joint personal information, with privacy interests outweighing any public interest in disclosure.

Court Disposition

request refused

Orders

  • Decision of the HSE to refuse access to the withheld records affirmed under sections 23(1)(a)(i) and 28 of the FOI Act.