Mrs X and the Health Service Executive [2015] IEIC 150053 (25 June 2015)

Mrs X and the Health Service Executive [2015] IEIC 150053 (25 June 2015)

The public interest, including the confidentiality of personal information, would on balance be better served by granting access to the applicant as next of kin, subject to redaction of third party personal information.

Citation
[2015] IEIC 150053
Parties
Applicant: Mrs X; Respondent: Health Service Executive
Jurisdiction
Ireland
Judgment Date
25 June 2015
Procedural Posture
Freedom of Information Review / Final Decision by Information Commissioner
Outcome
HSE's refusal annulled; applicant's request granted subject to redaction of third party information.
Legal Topics
Access to Medical Records of Deceased Persons, Public Interest Test, Confidentiality of Personal Information
Freedom of Information Privacy Law Access to Medical Records of Deceased Persons Public Interest Test Confidentiality of Personal Information

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Parties

Mrs X

Applicant

Health Service Executive

Respondent

Procedural Posture

Freedom of Information Review / Final Decision by Information Commissioner

Legal Issues

  1. 1 Whether HSE was justified under section 28 of the FOI Act in refusing access to medical records of the applicant's deceased brother

Ratio Decidendi

The public interest, including the confidentiality of personal information, would on balance be better served by granting access to the applicant as next of kin, subject to redaction of third party personal information.

Court Disposition

HSE's refusal annulled; applicant's request granted subject to redaction of third party information.

Orders

  • Release of medical records to applicant, subject to redaction of third party personal information.