Mr X and the Health Service Executive (FOI Act 2014) [2016] IEIC 160120 (28 June 2016)

Mr X and the Health Service Executive (FOI Act 2014) [2016] IEIC 160120 (28 June 2016)

The withheld records contain personal information relating to third parties and joint personal information that cannot be separated from that of the applicant. The public interest in protecting privacy outweighs the public interest in disclosure. None of the exceptions to the exemption apply. The HSE's refusal is...

Source-derived case information.

Citation
[2016] IEIC 160120
Parties
Applicant: Mr X; Respondent: Health Service Executive
Jurisdiction
Ireland
Judgment Date
28 June 2016
Procedural Posture
Freedom of Information Review / Decision on Review
Outcome
refusal affirmed
Legal Topics
Freedom of Information, Personal Data, Privacy, Access to Records
Administrative Law Information Law Freedom of Information Personal Data Privacy Access to Records

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Parties

Mr X

Applicant

Health Service Executive

Respondent

Procedural Posture

Freedom of Information Review / Decision on Review

Legal Issues

  1. 1 Whether the HSE was justified in refusing access to records/parts of records concerning the applicant under section 37(1) and section 35(1)(a) of the FOI Act

Ratio Decidendi

The withheld records contain personal information relating to third parties and joint personal information that cannot be separated from that of the applicant. The public interest in protecting privacy outweighs the public interest in disclosure. None of the exceptions to the exemption apply. The HSE's refusal is justified under section 37(1) and 37(7) of the FOI Act.

Court Disposition

refusal affirmed

Orders

  • The decision of the HSE to refuse access to the withheld records is affirmed.