Ms. X and Beaumont Hospital (FOI 2014) [2016] IEIC 160229 (28 September 2016)
The Hospital was entitled to refuse access under section 15(1)(a) of the FOI Act because no accounts exist bearing the name 'Neuroradiology Research Fund' and therefore the requested records do not exist.
- Citation
- [2016] IEIC 160229
- Parties
- Applicant: Ms. X; Respondent: Beaumont Hospital
- Jurisdiction
- Ireland
- Judgment Date
- 28 September 2016
- Procedural Posture
- FOI Review / Decision of Information Commissioner Following Review
- Outcome
- request refused; decision of Hospital affirmed
- Legal Topics
- Refusal of Access, Existence of Records, Public Records, Burden of Proof
Case Brief
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Parties
Ms. X
Applicant
Beaumont Hospital
Respondent
Procedural Posture
FOI Review / Decision of Information Commissioner Following Review
Legal Issues
- 1 Whether the Hospital was justified in refusing access to records relating to accounts bearing the name 'Neuroradiology Research Fund' under section 15(1)(a) of the FOI Act on the basis that no such records exist
Ratio Decidendi
The Hospital was entitled to refuse access under section 15(1)(a) of the FOI Act because no accounts exist bearing the name 'Neuroradiology Research Fund' and therefore the requested records do not exist.
Court Disposition
request refused; decision of Hospital affirmed
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