Ms N and the Sevice (FOI Act 2014) [2017] IEIC 160567 (31 March 2017)

Ms N and the Sevice (FOI Act 2014) [2017] IEIC 160567 (31 March 2017)

The Service was justified in refusing direct access to the applicant's medical records under section 37(3) of the FOI Act based on medical evidence that release might be prejudicial to her health. However, the Service failed to comply with section 37(4) by not offering access to the records through a health professional as required.

Citation
[2017] IEIC 160567
Parties
Applicant: Ms N; Respondent: the Service
Jurisdiction
Ireland
Judgment Date
31 March 2017
Procedural Posture
FOI Review / Decision of Information Commissioner Following Internal Review
Outcome
Decision varied; refusal of direct access affirmed under section 37(3); Service found in breach of section 37(4) and must offer access to a health professional if requested.
Legal Topics
Access to Medical Records, Exemptions Under FOI Act, Section 37(3) FOI Act, Section 35(1) FOI Act, Section 37(4) FOI Act
Freedom of Information Health Law Access to Medical Records Exemptions Under FOI Act Section 37(3) FOI Act Section 35(1) FOI Act Section 37(4) FOI Act

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Parties

Ms N

Applicant

the Service

Respondent

Procedural Posture

FOI Review / Decision of Information Commissioner Following Internal Review

Legal Issues

  1. 1 Whether the Service was justified in refusing access to the applicant's medical records under section 37(3) of the FOI Act
  2. 2 Whether the Service properly applied section 35(1) and section 37(1) to certain records
  3. 3 Whether the Service complied with its obligations under section 37(4) of the FOI Act

Ratio Decidendi

The Service was justified in refusing direct access to the applicant's medical records under section 37(3) of the FOI Act based on medical evidence that release might be prejudicial to her health. However, the Service failed to comply with section 37(4) by not offering access to the records through a health professional as required.

Court Disposition

Decision varied; refusal of direct access affirmed under section 37(3); Service found in breach of section 37(4) and must offer access to a health professional if requested.

Orders

  • Service must, at the applicant's request, offer access to the records to a health professional with relevant expertise as specified by the applicant.