Ms J and St James's Hospital (FOI Act 2014) [2016] IEIC 160095 (28 June 2016)

Ms J and St James's Hospital (FOI Act 2014) [2016] IEIC 160095 (28 June 2016)

The Hospital was justified in refusing access to the applicant's medical records under section 15(1)(a) of the FOI Act 2014 because it had taken all reasonable steps to locate the records, which could not be found.

Citation
[2016] IEIC 160095
Parties
Applicant: Ms J; Respondent: St James's Hospital
Jurisdiction
Ireland
Judgment Date
28 June 2016
Procedural Posture
Freedom of Information Review / Decision on Review Under Section 22(2) of the FOI Act 2014
Outcome
Hospital's refusal affirmed
Legal Topics
Freedom of Information, Access to Medical Records, Record Management, Reasonable Search Requirement
Administrative Law Health Law Freedom of Information Access to Medical Records Record Management Reasonable Search Requirement

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Parties

Ms J

Applicant

St James's Hospital

Respondent

Procedural Posture

Freedom of Information Review / Decision on Review Under Section 22(2) of the FOI Act 2014

Legal Issues

  1. 1 Whether the Hospital was justified under section 15(1)(a) of the FOI Act in refusing access to the applicant's medical records on the ground that they cannot be found after all reasonable steps have been taken

Ratio Decidendi

The Hospital was justified in refusing access to the applicant's medical records under section 15(1)(a) of the FOI Act 2014 because it had taken all reasonable steps to locate the records, which could not be found.

Court Disposition

Hospital's refusal affirmed

Orders

  • The decision of St James's Hospital to refuse access to the applicant's medical records under section 15(1)(a) of the FOI Act 2014 is affirmed.