Ms C & A Hospital [2009] IEIC 090206 (16 December 2009)

Ms C & A Hospital [2009] IEIC 090206 (16 December 2009)

The hospital took all reasonable steps to locate the requested ICU records, including extensive searches and consultations with relevant staff. The records could not be found, and the refusal under section 10(1)(a) of the FOI Act is justified.

Citation
[2009] IEIC 090206
Parties
Applicant: Ms C; Respondent: A Hospital
Jurisdiction
Ireland
Judgment Date
16 December 2009
Procedural Posture
Freedom of Information Review / Final Decision by Information Commissioner
Outcome
Refusal of access affirmed
Legal Topics
Freedom of Information, Access to Medical Records, Record Keeping, Missing Records
Administrative Law Health Law Information Law Freedom of Information Access to Medical Records Record Keeping Missing Records

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Parties

Ms C

Applicant

A Hospital

Respondent

Procedural Posture

Freedom of Information Review / Final Decision by Information Commissioner

Legal Issues

  1. 1 Whether the hospital is justified under section 10(1)(a) of the FOI Act in refusing access to the ICU medical records of the applicant's late husband on the basis that the records do not exist or cannot be found after all reasonable steps have been taken

Ratio Decidendi

The hospital took all reasonable steps to locate the requested ICU records, including extensive searches and consultations with relevant staff. The records could not be found, and the refusal under section 10(1)(a) of the FOI Act is justified.

Court Disposition

Refusal of access affirmed

Orders

  • Decision of the hospital to refuse access to the ICU notes for 7-10 January 2009 and 12-15 January 2009 is affirmed under section 10(1)(a) of the FOI Act