Ms P and A Hospital [2020] IEIC 58285 (8 April 2020)

Ms P and A Hospital [2020] IEIC 58285 (8 April 2020)

The Hospital was justified in refusing access to the deceased's medical records under section 37(1) of the FOI Act because the records contain inherently private and sensitive information, the deceased would not have consented to their release, and the public interest in disclosure does not outweigh the strong public interest in protecting privacy and confidentiality of personal medical information.

Citation
[2020] IEIC 58285
Parties
Applicant: Ms P; Respondent: A Hospital
Jurisdiction
Ireland
Judgment Date
08 April 2020
Procedural Posture
Freedom of Information Review / Decision of Information Commissioner Following Review
Outcome
Request refused; Hospital's decision affirmed
Legal Topics
Access to Medical Records of Deceased Persons, Personal Information Exemption, Public Interest Balancing, Confidentiality of Medical Records
Freedom of Information Privacy Law Health Law Access to Medical Records of Deceased Persons Personal Information Exemption Public Interest Balancing Confidentiality of Medical Records

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Parties

Ms P

Applicant

A Hospital

Respondent

Procedural Posture

Freedom of Information Review / Decision of Information Commissioner Following Review

Legal Issues

  1. 1 Whether the Hospital was justified under sections 35 and 37 of the FOI Act in refusing access to the applicant’s late husband’s medical records

Ratio Decidendi

The Hospital was justified in refusing access to the deceased's medical records under section 37(1) of the FOI Act because the records contain inherently private and sensitive information, the deceased would not have consented to their release, and the public interest in disclosure does not outweigh the strong public interest in protecting privacy and confidentiality of personal medical information.

Court Disposition

Request refused; Hospital's decision affirmed