Ms H and Health Service Executive [2024] IEIC 145568 (09 September 2024)

Ms H and Health Service Executive [2024] IEIC 145568 (09 September 2024)

The HSE was justified in refusing access to the meeting minutes as no such record exists after reasonable searches, and justified in refusing access to the Webex footage as its release would disclose personal information of staff, with no overriding public interest warranting disclosure.

Source-derived case information.

Citation
[2024] IEIC 145568
Parties
Applicant: Ms H; Respondent: Health Service Executive
Jurisdiction
Ireland
Judgment Date
09 September 2024
Procedural Posture
Freedom of Information Review / Decision of Information Commissioner Following Internal Review
Outcome
refusal affirmed
Legal Topics
FOI Refusal, Personal Information Exemption, Non Existence of Records, Public Interest Test, Data Protection Overlap
Administrative Law Freedom of Information FOI Refusal Personal Information Exemption Non Existence of Records Public Interest Test Data Protection Overlap

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Ms H

Applicant

Health Service Executive

Respondent

Procedural Posture

Freedom of Information Review / Decision of Information Commissioner Following Internal Review

Legal Issues

  1. 1 Whether HSE was justified in refusing access to meeting minutes under section 15(1)(a) of the FOI Act
  2. 2 Whether HSE was justified in refusing access to Webex footage under section 37(1) of the FOI Act

Ratio Decidendi

The HSE was justified in refusing access to the meeting minutes as no such record exists after reasonable searches, and justified in refusing access to the Webex footage as its release would disclose personal information of staff, with no overriding public interest warranting disclosure.

Court Disposition

refusal affirmed

Orders

  • Refusal of access to Webex footage under section 37(1) of the FOI Act affirmed.
  • Refusal of access to meeting minutes under section 15(1)(a) of the FOI Act affirmed.