Ms E, c/o K Solicitors and Health Service Executive(FOI Act 2014) [2017] IEIC 170176 (30 August 2017)

Ms E, c/o K Solicitors and Health Service Executive(FOI Act 2014) [2017] IEIC 170176 (30 August 2017)

The records sought are confidential and inherently private personal information of the deceased. The applicant, though a spouse, did not demonstrate compelling public interest or circumstances to outweigh the deceased's privacy rights. The Coroner's Inquest provides an alternative route for necessary disclosure. The...

Source-derived case information.

Citation
[2017] IEIC 170176
Parties
Applicant: Ms E; Respondent: Health Service Executive
Jurisdiction
Ireland
Judgment Date
30 August 2017
Procedural Posture
Freedom of Information Review / Decision of Information Commissioner Following Review
Outcome
Request refused; HSE decision affirmed
Legal Topics
Access to Medical Records, Personal Information of Deceased Persons, FOI Act 2014 Exemptions, Privacy Rights
Administrative Law Freedom of Information Access to Medical Records Personal Information of Deceased Persons FOI Act 2014 Exemptions Privacy Rights

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Summary, issues, holding and outcome

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Parties

Ms E

Applicant

Health Service Executive

Respondent

Procedural Posture

Freedom of Information Review / Decision of Information Commissioner Following Review

Legal Issues

  1. 1 Whether the HSE was justified in refusing access to the medical and psychiatric records of the applicant's late husband under section 35(1)(a) and section 37 of the FOI Act 2014

Ratio Decidendi

The records sought are confidential and inherently private personal information of the deceased. The applicant, though a spouse, did not demonstrate compelling public interest or circumstances to outweigh the deceased's privacy rights. The Coroner's Inquest provides an alternative route for necessary disclosure. The HSE was justified in refusing access under section 37 of the FOI Act and relevant regulations.

Court Disposition

Request refused; HSE decision affirmed

Orders

  • The decision of the HSE to refuse access to the records is affirmed.