Mr X and the Health Service Executive (FOI Act 2014) [2016] IEIC 150408 (23 June 2016)

Mr X and the Health Service Executive (FOI Act 2014) [2016] IEIC 150408 (23 June 2016)

The withheld records contain sensitive personal information about third parties or joint personal information, none of the statutory exceptions under section 37(2) apply, and the public interest in protecting privacy outweighs the public interest in disclosure; therefore, refusal of access is justified under...

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Citation
[2016] IEIC 150408
Parties
Applicant: Mr X; Respondent: Health Service Executive
Jurisdiction
Ireland
Judgment Date
23 June 2016
Procedural Posture
FOI Review / Binding Decision
Outcome
Refusal affirmed
Legal Topics
Personal Information Exemption, Public Interest Test, FOI Procedures
Freedom of Information Privacy Law Personal Information Exemption Public Interest Test FOI Procedures

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Parties

Mr X

Applicant

Health Service Executive

Respondent

Procedural Posture

FOI Review / Binding Decision

Legal Issues

  1. 1 Whether HSE was justified in refusing access to withheld records under FOI Act sections 37(1) and 37(7)
  2. 2 Whether any exceptions under section 37(2) or public interest under section 37(5) apply

Ratio Decidendi

The withheld records contain sensitive personal information about third parties or joint personal information, none of the statutory exceptions under section 37(2) apply, and the public interest in protecting privacy outweighs the public interest in disclosure; therefore, refusal of access is justified under sections 37(1) and 37(7).

Court Disposition

Refusal affirmed

Orders

  • HSE's refusal of access to withheld records and parts of records listed is affirmed