Ms X and the Health Service Executive (FOI Act 2014) [2017] IEIC 160434 (27 March 2017)

Ms X and the Health Service Executive (FOI Act 2014) [2017] IEIC 160434 (27 March 2017)

The applicant failed to provide sufficient evidence to show, on the balance of probabilities, that the information in the records was incomplete, incorrect, or misleading. The records reflected the opinions and factual observations of medical professionals at the relevant time, and there was no evidence of bias, bad...

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Citation
[2017] IEIC 160434
Parties
Applicant: Ms X; Respondent: Health Service Executive
Jurisdiction
Ireland
Judgment Date
27 March 2017
Procedural Posture
FOI Amendment Review / Decision on Review by Information Commissioner
Outcome
application refused; HSE's decision affirmed
Legal Topics
Freedom of Information, Amendment of Personal Records, Medical Records, Burden of Proof
Administrative Law Health Law Information Law Freedom of Information Amendment of Personal Records Medical Records Burden of Proof

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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. 1 Whether the HSE was justified in refusing to amend or remove certain personal information from the applicant's medical files under section 9 of the FOI Act

Ratio Decidendi

The applicant failed to provide sufficient evidence to show, on the balance of probabilities, that the information in the records was incomplete, incorrect, or misleading. The records reflected the opinions and factual observations of medical professionals at the relevant time, and there was no evidence of bias, bad faith, or other flaw. Amendment or deletion was not warranted.

Court Disposition

application refused; HSE's decision affirmed

Orders

  • A copy of the applicant's request and supporting documentation is to be included in the applicant's medical records in accordance with section 9(4)(a)(i) of the FOI Act.