Ms A and HSE West [2017] IEIC 170149 (10 July 2017)

Ms A and HSE West [2017] IEIC 170149 (10 July 2017)

The HSE was justified in refusing access to the withheld information because it comprised joint personal information relating to the applicant and third parties, and the public interest in disclosure did not outweigh the privacy rights of the individuals concerned under section 28(5)(B) of the FOI Act.

Citation
[2017] IEIC 170149
Parties
Applicant: Ms A; Respondent: HSE West
Jurisdiction
Ireland
Judgment Date
10 July 2017
Procedural Posture
FOI Review / Decision on Review by Information Commissioner
Outcome
refusal affirmed
Legal Topics
Access to Information, Personal Data Protection, Public Interest Test, Privacy Rights
Administrative Law Freedom of Information Access to Information Personal Data Protection Public Interest Test Privacy Rights

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Parties

Ms A

Applicant

HSE West

Respondent

Procedural Posture

FOI Review / Decision on Review by Information Commissioner

Legal Issues

  1. 1 Whether HSE was justified in withholding information relating to third parties from the applicant's file under section 28 of the FOI Act

Ratio Decidendi

The HSE was justified in refusing access to the withheld information because it comprised joint personal information relating to the applicant and third parties, and the public interest in disclosure did not outweigh the privacy rights of the individuals concerned under section 28(5)(B) of the FOI Act.

Court Disposition

refusal affirmed

Orders

  • The decision of the HSE to refuse access to the withheld information under section 28 of the FOI Act is affirmed.