Ms. X & Health Service Executive [2024] IEIC 148635 (29 November 2024)

The HSE was not justified in refusing the application for amendment on the basis that the Occupational Health Department was not the author of the records; responsibility for processing rests with the HSE as an FOI body, and the application should have been forwarded to the relevant part for proper consideration.

Source-derived case information.

Citation: [2024] IEIC 148635
Parties: Applicant: Ms. X; Respondent: Health Service Executive
Jurisdiction: Ireland
Judgment Date: 29 November 2024
Procedural Posture: FOI Amendment Review / Decision on Review by Information Commissioner
Outcome: HSE's refusal annulled; matter remitted for fresh decision
Legal Topics: Amendment of Records, Section 9 FOI Act, Procedural Fairness in FOI Processing

Freedom of Information Administrative Law Amendment of Records Section 9 FOI Act Procedural Fairness in FOI Processing

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Parties

Ms. X

Applicant

Health Service Executive

Respondent

Procedural Posture

FOI Amendment Review / Decision on Review by Information Commissioner

Legal Issues

1 Whether the HSE was justified in refusing an application under section 9 of the FOI Act for amendment of records on the ground that the application should have been directed to the authors of the records

Ratio Decidendi

Court Disposition

HSE's refusal annulled; matter remitted for fresh decision

Orders

HSE to conduct a fresh decision-making process on the application for amendment in accordance with the FOI Act

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