Ms. L & A hospital [2009] IEIC 090053 (18 November 2009)

Ms. L & A hospital [2009] IEIC 090053 (18 November 2009)

The hospital was justified in refusing access to the requested records under Section 10(1)(c) of the FOI Act because compiling the information would cause substantial and unreasonable interference with its work, and under Section 10(1)(a) because certain records do not exist or cannot be found after all reasonable...

Source-derived case information.

Citation
[2009] IEIC 090053
Parties
Applicant: Ms. L; Respondent: A hospital
Jurisdiction
Ireland
Judgment Date
18 November 2009
Procedural Posture
Freedom of Information Review / Decision on Review by Information Commissioner
Outcome
Refusal of access affirmed
Legal Topics
Freedom of Information, Access to Records, Public Administration, Statutory Interpretation
Administrative Law Information Law Freedom of Information Access to Records Public Administration Statutory Interpretation

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Parties

Ms. L

Applicant

A hospital

Respondent

Procedural Posture

Freedom of Information Review / Decision on Review by Information Commissioner

Legal Issues

  1. 1 Whether the hospital's refusal to provide access to certain records was justified under Section 10 of the FOI Act
  2. 2 Whether all reasonable steps were taken to locate the requested records
  3. 3 Whether compiling the requested information would cause substantial and unreasonable interference with the hospital's work

Ratio Decidendi

The hospital was justified in refusing access to the requested records under Section 10(1)(c) of the FOI Act because compiling the information would cause substantial and unreasonable interference with its work, and under Section 10(1)(a) because certain records do not exist or cannot be found after all reasonable steps were taken.

Court Disposition

Refusal of access affirmed

Orders

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