Ms. B and the Health Service Executive (FOI Act 2014) [2016] IEIC 160088 (17 June 2016)

Ms. B and the Health Service Executive (FOI Act 2014) [2016] IEIC 160088 (17 June 2016)

The HSE provided sufficient evidence that direct access to the psychiatric records might be prejudicial to the applicant's well-being, justifying refusal under section 37(3), but access must be offered through a health professional under section 37(4).

Source-derived case information.

Citation
[2016] IEIC 160088
Parties
Applicant: Ms. B; Respondent: Health Service Executive
Jurisdiction
Ireland
Judgment Date
17 June 2016
Procedural Posture
Freedom of Information Review / Decision on Review
Outcome
refusal affirmed with conditions
Legal Topics
Freedom of Information, Medical Records, Exemptions Under FOI Act
Administrative Law Health Law Freedom of Information Medical Records Exemptions Under FOI Act

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Summary, issues, holding and outcome

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Parties

Ms. B

Applicant

Health Service Executive

Respondent

Procedural Posture

Freedom of Information Review / Decision on Review

Legal Issues

  1. 1 Whether the HSE was justified in refusing access to the applicant's psychiatric records under section 37(3) of the FOI Act 2014

Ratio Decidendi

The HSE provided sufficient evidence that direct access to the psychiatric records might be prejudicial to the applicant's well-being, justifying refusal under section 37(3), but access must be offered through a health professional under section 37(4).

Court Disposition

refusal affirmed with conditions

Orders

  • The decision of the HSE to refuse direct access is affirmed under section 37(3).
  • The HSE must offer access to the records to a health professional nominated by the applicant under section 37(4).