Ms. GK and the Health Service Executive [2014] IEIC 130242 (5 December 2014)
The HSE's refusal to release the requested medical records was justified under section 10(1)(a) of the FOI Act because extensive searches were conducted and the records cannot be found or no longer exist.
Source-derived case information.
- Citation
- [2014] IEIC 130242
- Parties
- Applicant: Ms. GK; Respondent: Health Service Executive
- Jurisdiction
- Ireland
- Judgment Date
- 05 December 2014
- Procedural Posture
- Freedom of Information Review / Final Decision by Information Commissioner
- Outcome
- Decision affirmed; refusal of access to records upheld.
- Legal Topics
- FOI Request for Medical Records, Adequacy of Search for Records, Section 10(1)(a) Refusal, Records Management
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Ms. GK
Applicant
Health Service Executive
Respondent
Procedural Posture
Freedom of Information Review / Final Decision by Information Commissioner
Legal Issues
- 1 Whether the HSE was justified in refusing access to medical records on the basis that they do not exist or cannot be found after all reasonable steps under section 10(1)(a) of the FOI Act
Ratio Decidendi
The HSE's refusal to release the requested medical records was justified under section 10(1)(a) of the FOI Act because extensive searches were conducted and the records cannot be found or no longer exist.
Court Disposition
Decision affirmed; refusal of access to records upheld.
Orders
- HSE's decision affirmed under section 10(1)(a) FOI Act.
- HSE to release relevant pages if records are found in future.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment