Ms X and Beaumont Hospital [2019] IEIC 190115 (22 August 2019)

Ms X and Beaumont Hospital [2019] IEIC 190115 (22 August 2019)

The number of study participants is commercially sensitive as its disclosure could prejudice the third party's competitive position in securing commercialisation partners. Identifying information of principal researchers is personal information not covered by the exclusions for public servants or service providers....

Source-derived case information.

Citation
[2019] IEIC 190115
Parties
Applicant: Ms X; Respondent: Beaumont Hospital
Jurisdiction
Ireland
Judgment Date
22 August 2019
Procedural Posture
FOI Review / Decision of the Information Commissioner Following Internal Review and Submissions
Outcome
Request refused; Hospital's decision affirmed
Legal Topics
Commercial Sensitivity, Personal Information, Research Exemptions, Public Interest Override
Freedom of Information Administrative Law Commercial Sensitivity Personal Information Research Exemptions Public Interest Override

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Parties

Ms X

Applicant

Beaumont Hospital

Respondent

Procedural Posture

FOI Review / Decision of the Information Commissioner Following Internal Review and Submissions

Legal Issues

  1. 1 Whether the Hospital was justified in refusing access to the number of patients enrolled in a research study under section 36(1)(b) of the FOI Act
  2. 2 Whether the Hospital was justified in refusing access to identifying information of principal researchers under section 37(1) of the FOI Act
  3. 3 Whether the public interest override in sections 36(3) and 37(5)(a) required disclosure

Ratio Decidendi

The number of study participants is commercially sensitive as its disclosure could prejudice the third party's competitive position in securing commercialisation partners. Identifying information of principal researchers is personal information not covered by the exclusions for public servants or service providers. The public interest in transparency does not outweigh the interests protected by sections 36(1)(b) and 37(1).

Court Disposition

Request refused; Hospital's decision affirmed

Orders

  • Refusal of access to the number of patients enrolled in the study upheld under section 36(1)(b)
  • Refusal of access to identifying information of principal researchers upheld under section 37(1)