Ms G and the Health Service Executive (FOI Act 2014) [2016] IEIC 160060 (15 June 2016)

Ms G and the Health Service Executive (FOI Act 2014) [2016] IEIC 160060 (15 June 2016)

The identity of the complainant constitutes personal information given in confidence. The applicant's interest is private, not public. The public interest in transparency is met by disclosure of the complaint's content, not the complainant's identity. The privacy rights of the complainant outweigh the applicant's...

Source-derived case information.

Citation
[2016] IEIC 160060
Parties
Applicant: Ms G; Respondent: Health Service Executive
Jurisdiction
Ireland
Judgment Date
15 June 2016
Procedural Posture
Freedom of Information Review / Decision on Review by Information Commissioner
Outcome
Appeal dismissed; original decision affirmed
Legal Topics
Freedom of Information, Personal Data Protection, Public Interest Test, Right to Privacy
Administrative Law Information Law Freedom of Information Personal Data Protection Public Interest Test Right to Privacy

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Parties

Ms G

Applicant

Health Service Executive

Respondent

Procedural Posture

Freedom of Information Review / Decision on Review by Information Commissioner

Legal Issues

  1. 1 Whether the HSE was justified in redacting the identity of a complainant from records under section 37(1) of the FOI Act

Ratio Decidendi

The identity of the complainant constitutes personal information given in confidence. The applicant's interest is private, not public. The public interest in transparency is met by disclosure of the complaint's content, not the complainant's identity. The privacy rights of the complainant outweigh the applicant's interest. Section 37(1) applies and no exception under section 37(5) is met.

Court Disposition

Appeal dismissed; original decision affirmed

Orders

  • The decision of the HSE to redact the identity of the complainant is affirmed.