Ms. D and the Health Service Executive [2015] IEIC 140227 (30 March 2015)

Ms. D and the Health Service Executive [2015] IEIC 140227 (30 March 2015)

The withheld information contained personal information of third parties or joint personal information; no circumstances under section 28(2) applied; public interest factors did not outweigh privacy rights; HSE was justified in refusing access under section 28.

Source-derived case information.

Citation
[2015] IEIC 140227
Parties
Applicant: Ms. D; Respondent: Health Service Executive
Jurisdiction
Ireland
Judgment Date
30 March 2015
Procedural Posture
FOI Review / Binding Decision by Information Commissioner
Outcome
request refused
Legal Topics
FOI Act Section 28, Personal Information Exemption, Public Interest Test
Freedom of Information Privacy Law FOI Act Section 28 Personal Information Exemption Public Interest Test

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Parties

Ms. D

Applicant

Health Service Executive

Respondent

Procedural Posture

FOI Review / Binding Decision by Information Commissioner

Legal Issues

  1. 1 Whether HSE was justified in withholding information from Public Health Nurse records under section 28 of the FOI Act

Ratio Decidendi

The withheld information contained personal information of third parties or joint personal information; no circumstances under section 28(2) applied; public interest factors did not outweigh privacy rights; HSE was justified in refusing access under section 28.

Court Disposition

request refused

Orders

  • HSE's decision to refuse access to remaining parts of records 3, 4, 24, 24B, 27, 27A, 28, 31 and 34 under section 28 affirmed