Ms L and HSE South (FOI Act 2014) [2016] IEIC 160275 (5 October 2016)

Ms L and HSE South (FOI Act 2014) [2016] IEIC 160275 (5 October 2016)

The HSE was justified in redacting the identities of third parties from the applicant's medical records because the information constituted personal information under section 37(1) of the FOI Act, and the public interest in disclosure did not outweigh the privacy rights of the individuals concerned.

Citation
[2016] IEIC 160275
Parties
Applicant: Ms L; Respondent: HSE South
Jurisdiction
Ireland
Judgment Date
05 October 2016
Procedural Posture
Freedom of Information Review / Decision on Review
Outcome
decision affirmed
Legal Topics
Freedom of Information, Personal Data Protection, Privacy Rights
Administrative Law Information Law Freedom of Information Personal Data Protection Privacy Rights

Case Brief

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Parties

Ms L

Applicant

HSE South

Respondent

Procedural Posture

Freedom of Information Review / Decision on Review

Legal Issues

  1. 1 Whether the HSE was justified in redacting the identities of third parties from the applicant's medical records under section 37(1) of the FOI Act

Ratio Decidendi

The HSE was justified in redacting the identities of third parties from the applicant's medical records because the information constituted personal information under section 37(1) of the FOI Act, and the public interest in disclosure did not outweigh the privacy rights of the individuals concerned.

Court Disposition

decision affirmed

Orders

  • The decision of the HSE to redact certain information from pages 124, 155, 156, 162, and 167 is affirmed.