Mr X and St James's Hospital [2021] IEIC OIC-104580 (27 May 2021)

Mr X and St James's Hospital [2021] IEIC OIC-104580 (27 May 2021)

The Hospital was justified in refusing access to the deceased's medical records under section 37(1) of the FOI Act because the records contain inherently private information, and neither the public interest nor regulatory exceptions outweighed the right to privacy. The applicant did not provide sufficient evidence of status as personal representative acting in due course of administration.

Citation
[2021] IEIC OIC-104580
Parties
Applicant: Mr X; Respondent: St James's Hospital
Jurisdiction
Ireland
Judgment Date
27 May 2021
Procedural Posture
Freedom of Information Review / Decision on Review by Information Commissioner
Outcome
Refusal of access affirmed
Legal Topics
Access to Medical Records of Deceased Persons, Personal Information Exemption, Public Interest Test, Next of Kin Rights, Personal Representative Status
Freedom of Information Privacy Law Health Law Access to Medical Records of Deceased Persons Personal Information Exemption Public Interest Test Next of Kin Rights Personal Representative Status

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Parties

Mr X

Applicant

St James's Hospital

Respondent

Procedural Posture

Freedom of Information Review / Decision on Review by Information Commissioner

Legal Issues

  1. 1 Whether the Hospital was justified in refusing access to the applicant’s late mother’s medical records under section 37(1) of the FOI Act
  2. 2 Whether any exceptions or regulations (including Statutory Instrument 218/2016) permit access by the applicant as next of kin or personal representative

Ratio Decidendi

The Hospital was justified in refusing access to the deceased's medical records under section 37(1) of the FOI Act because the records contain inherently private information, and neither the public interest nor regulatory exceptions outweighed the right to privacy. The applicant did not provide sufficient evidence of status as personal representative acting in due course of administration.

Court Disposition

Refusal of access affirmed

Orders

  • Hospital's refusal of access to the deceased's medical records is affirmed under section 37(1) of the FOI Act.