Ms. X & The Health Service Executive [2010] IEIC 090176 (20 January 2010)

Ms. X & The Health Service Executive [2010] IEIC 090176 (20 January 2010)

The HSE was not permitted under the FOI Act to levy a photocopying fee and require a deposit in advance of considering which records would be released, especially without regard to the applicant's means as required by section 47(4)(b).

Source-derived case information.

Citation
[2010] IEIC 090176
Parties
Applicant: Ms. X; Respondent: Health Service Executive
Jurisdiction
Ireland
Judgment Date
20 January 2010
Procedural Posture
Freedom of Information Review / Decision of Information Commissioner Following Review
Outcome
Decision of HSE annulled; fee not justified.
Legal Topics
FOI Fees, Personal Information, Public Body Obligations
Administrative Law Freedom of Information FOI Fees Personal Information Public Body Obligations

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Parties

Ms. X

Applicant

Health Service Executive

Respondent

Procedural Posture

Freedom of Information Review / Decision of Information Commissioner Following Review

Legal Issues

  1. 1 Whether the HSE is justified under section 47 of the FOI Act in charging a photocopying fee and deposit in advance of deciding to release records containing personal information.

Ratio Decidendi

The HSE was not permitted under the FOI Act to levy a photocopying fee and require a deposit in advance of considering which records would be released, especially without regard to the applicant's means as required by section 47(4)(b).

Court Disposition

Decision of HSE annulled; fee not justified.

Orders

  • The decision of the HSE to charge a €92.00 photocopying fee and require a €46.00 deposit is annulled.