Ms X and the Health Service Executive (FOI 2014) (Health Service Executive) [2017] IEIC 170421 (9 November 2017)

Ms X and the Health Service Executive (FOI 2014) (Health Service Executive) [2017] IEIC 170421 (9 November 2017)

The HSE was justified in refusing full access to most withheld information under section 37(1) as it constituted personal information of third parties, and no exception under section 37(2) or sufficient public interest under section 37(5) applied. However, the applicant was entitled to access the remainder of...

Source-derived case information.

Citation
[2017] IEIC 170421
Parties
Applicant: Ms X; Respondent: Health Service Executive
Jurisdiction
Ireland
Judgment Date
09 November 2017
Procedural Posture
Freedom of Information Review / Decision on Review by Information Commissioner's Office
Outcome
partially allowed
Legal Topics
Freedom of Information, Personal Data, Privacy, Public Interest
Administrative Law Information Law Freedom of Information Personal Data Privacy Public Interest

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Parties

Ms X

Applicant

Health Service Executive

Respondent

Procedural Posture

Freedom of Information Review / Decision on Review by Information Commissioner's Office

Legal Issues

  1. 1 Whether the HSE was justified in refusing to fully grant the applicant's request for records concerning her attendance at counselling sessions under section 37 of the FOI Act

Ratio Decidendi

The HSE was justified in refusing full access to most withheld information under section 37(1) as it constituted personal information of third parties, and no exception under section 37(2) or sufficient public interest under section 37(5) applied. However, the applicant was entitled to access the remainder of records 3, 5, and 56, except for the name of a third party.

Court Disposition

partially allowed

Orders

  • Affirmed refusal to grant full access to most withheld information under section 37 of the FOI Act.
  • Directed HSE to grant access to the remainder of records 3, 5, and 56, except for the name of the third party in records 3 and 56.