Ms X and Health Service Executive [2015] IEIC 140296 (15 June 2015)

The HSE took all reasonable steps to locate the requested records, and there is no evidence that further records exist; therefore, refusal under section 10(1)(a) of the FOI Act is justified.

Source-derived case information.

Citation: [2015] IEIC 140296
Parties: Applicant: Ms X; Respondent: Health Service Executive
Jurisdiction: Ireland
Judgment Date: 15 June 2015
Procedural Posture: FOI Review / Final Decision by Information Commissioner
Outcome: request refused; HSE's decision affirmed
Legal Topics: Access to Information, Public Records, FOI Refusal Grounds

Administrative Law Freedom of Information Access to Information Public Records FOI Refusal Grounds

Source-derived case record

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2

Parties

Ms X

Applicant

Health Service Executive

Respondent

Procedural Posture

FOI Review / Final Decision by Information Commissioner

Legal Issues

1 Whether the HSE was justified under section 10(1)(a) of the FOI Act in refusing to release further records on the grounds that no further records exist or can be found after all reasonable steps have been taken

Ratio Decidendi

The HSE took all reasonable steps to locate the requested records, and there is no evidence that further records exist; therefore, refusal under section 10(1)(a) of the FOI Act is justified.

Court Disposition

request refused; HSE's decision affirmed

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