Ms X and the Health Service Executive (FOI Act 2014) [2016] IEIC 160424 (1 December 2016)

Ms X and the Health Service Executive (FOI Act 2014) [2016] IEIC 160424 (1 December 2016)

The HSE was justified in redacting information as the redactions comprised personal information of third parties or joint personal information, none of the statutory exceptions applied, and the public interest in disclosure did not outweigh the privacy rights of the individuals concerned.

Citation
[2016] IEIC 160424
Parties
Applicant: Ms X; Respondent: Health Service Executive
Jurisdiction
Ireland
Judgment Date
01 December 2016
Procedural Posture
Freedom of Information Review / Decision on Review by Information Commissioner
Outcome
HSE's decision affirmed; partial access only granted
Legal Topics
Freedom of Information, Personal Data Protection, Right to Privacy

Case Brief

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Parties

Ms X

Applicant

Health Service Executive

Respondent

Procedural Posture

Freedom of Information Review / Decision on Review by Information Commissioner

  1. 1 Whether the HSE was justified in redacting parts of records under section 37 of the FOI Act on the basis that they contain personal information relating to individuals other than the applicant

Ratio Decidendi

The HSE was justified in redacting information as the redactions comprised personal information of third parties or joint personal information, none of the statutory exceptions applied, and the public interest in disclosure did not outweigh the privacy rights of the individuals concerned.

Court Disposition

HSE's decision affirmed; partial access only granted

Orders

  • Affirmation of HSE's decision to grant partial access to records; redactions upheld