Ms X and the Health Service Executive (FOI Act 2014) [2016] IEIC 160173 (5 August 2016)

Ms X and the Health Service Executive (FOI Act 2014) [2016] IEIC 160173 (5 August 2016)

The files sought contain inherently private and sensitive information relating to the applicant's adult son, and disclosure would involve the release of personal information of a third party. None of the exceptions under section 37(2) or 37(5) apply, as there is no evidence of benefit to the son and the public...

Source-derived case information.

Citation
[2016] IEIC 160173
Parties
Applicant: Ms X; Respondent: Health Service Executive
Jurisdiction
Ireland
Judgment Date
05 August 2016
Procedural Posture
Freedom of Information Review / Decision on Review by Information Commissioner
Outcome
request refused; HSE decision affirmed
Legal Topics
Freedom of Information, Personal Data, Right to Privacy
Administrative Law Information Law Freedom of Information Personal Data Right to Privacy

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Parties

Ms X

Applicant

Health Service Executive

Respondent

Procedural Posture

Freedom of Information Review / Decision on Review by Information Commissioner

Legal Issues

  1. 1 Whether the HSE was justified in refusing access to all files on the applicant's son under section 37(1) of the FOI Act 2014

Ratio Decidendi

The files sought contain inherently private and sensitive information relating to the applicant's adult son, and disclosure would involve the release of personal information of a third party. None of the exceptions under section 37(2) or 37(5) apply, as there is no evidence of benefit to the son and the public interest in release does not outweigh the right to privacy. The HSE was justified in refusing access under section 37(1) of the FOI Act 2014.

Court Disposition

request refused; HSE decision affirmed