Ms ACF and the North Eastern Health Board [2001] IEIC 99001 (4 July 2001)

Ms ACF and the North Eastern Health Board [2001] IEIC 99001 (4 July 2001)

The Commissioner held that the majority of the records contained personal or joint personal information relating to the applicant's parents or other family members, and that the public interest in upholding their privacy outweighed the public interest in disclosure. The threshold for disclosure under section 28(2)(e) was not met, as no serious and imminent danger to life or health was established. However, for records of meetings attended by the applicant, the invasion of privacy was minimal, and the public interest in disclosure outweighed the privacy interest, justifying access by inspection.

Citation
[2001] IEIC 99001
Parties
Applicant: Ms ACF; Respondent: North Eastern Health Board
Jurisdiction
Ireland
Judgment Date
04 July 2001
Procedural Posture
Freedom of Information Review / Decision of the Information Commissioner Under Section 34(2) of the Freedom of Information Act, 1997
Outcome
Partially allowed
Legal Topics
Freedom of Information, Personal Data Access, Public Interest Test, Confidentiality, Right to Privacy
Administrative Law Information Law Privacy Law Freedom of Information Personal Data Access Public Interest Test Confidentiality Right to Privacy

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Ms ACF

Applicant

North Eastern Health Board

Respondent

Procedural Posture

Freedom of Information Review / Decision of the Information Commissioner Under Section 34(2) of the Freedom of Information Act, 1997

Legal Issues

  1. 1 Whether the applicant is entitled to access records containing information supplied by her parents to the Health Board under the Freedom of Information Act, 1997
  2. 2 Whether exemptions under sections 26 (information obtained in confidence), 28 (personal information), 22(1)(b) (contempt of court), and 23(1)(a)(iv) (fairness of proceedings) apply to the requested records

Ratio Decidendi

The Commissioner held that the majority of the records contained personal or joint personal information relating to the applicant's parents or other family members, and that the public interest in upholding their privacy outweighed the public interest in disclosure. The threshold for disclosure under section 28(2)(e) was not met, as no serious and imminent danger to life or health was established. However, for records of meetings attended by the applicant, the invasion of privacy was minimal, and the public interest in disclosure outweighed the privacy interest, justifying access by inspection.

Court Disposition

Partially allowed

Orders

  • Access by inspection granted to records of meetings attended by the applicant as specified in the decision.
  • Access to all other records refused on the basis of personal information exemptions.