Mr X and HSE West (FOI Act 2014) [2016] IEIC 150384 (27 May 2016)

Mr X and HSE West (FOI Act 2014) [2016] IEIC 150384 (27 May 2016)

HSE failed to demonstrate that the withheld information was given in confidence or that disclosure would breach a duty of confidence under section 35; section 35(1)(a) does not apply to the redacted information; section 37(2) disapplies section 37(1) as information relates to applicant.

Citation
[2016] IEIC 150384
Parties
Applicant: Mr X; Respondent: HSE West
Jurisdiction
Ireland
Judgment Date
27 May 2016
Procedural Posture
FOI Review / Decision on Review by Information Commissioner
Outcome
HSE's refusal annulled; access to records granted
Legal Topics
FOI Act 2014, Confidentiality, Personal Information, Public Body Obligations
Administrative Law Freedom of Information FOI Act 2014 Confidentiality Personal Information Public Body Obligations

Case Brief

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Parties

Mr X

Applicant

HSE West

Respondent

Procedural Posture

FOI Review / Decision on Review by Information Commissioner

Legal Issues

  1. 1 Whether HSE was justified in refusing access to parts of applicant's file under section 35 (confidentiality) of the FOI Act

Ratio Decidendi

HSE failed to demonstrate that the withheld information was given in confidence or that disclosure would breach a duty of confidence under section 35; section 35(1)(a) does not apply to the redacted information; section 37(2) disapplies section 37(1) as information relates to applicant.

Court Disposition

HSE's refusal annulled; access to records granted

Orders

  • Annulment of HSE's decision to refuse access to records 13, 60, 67, 91, 92, 144, and 154
  • Direction to release the specified records to the applicant