Ms X and Health Service Executive (FOI Act 2014) [2017] IEIC 170223 (31 July 2017)

Ms X and Health Service Executive (FOI Act 2014) [2017] IEIC 170223 (31 July 2017)

The HSE was justified in refusing access to part of record 197 under legal professional privilege (section 31(1)(a)), and to other records under section 37(1) as they contained personal information of third parties or information inextricably linked to such personal information. The public interest in disclosure did...

Source-derived case information.

Citation
[2017] IEIC 170223
Parties
Applicant: Ms X; Respondent: Health Service Executive
Jurisdiction
Ireland
Judgment Date
31 July 2017
Procedural Posture
Freedom of Information Review / Decision on Review
Outcome
Affirmed in part, annulled in part
Legal Topics
Freedom of Information, Legal Professional Privilege, Personal Data Protection, Public Interest Test
Administrative Law Information Law Freedom of Information Legal Professional Privilege Personal Data Protection Public Interest Test

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Parties

Ms X

Applicant

Health Service Executive

Respondent

Procedural Posture

Freedom of Information Review / Decision on Review

Legal Issues

  1. 1 Whether the HSE was justified in refusing access to parts of the applicant's medical records under sections 31(1)(a), 35(1)(a), and 37(1) of the FOI Act
  2. 2 Whether additional records exist and should be considered under the FOI request

Ratio Decidendi

The HSE was justified in refusing access to part of record 197 under legal professional privilege (section 31(1)(a)), and to other records under section 37(1) as they contained personal information of third parties or information inextricably linked to such personal information. The public interest in disclosure did not outweigh the right to privacy. The HSE's decision regarding newly identified records was annulled and a fresh decision was directed.

Court Disposition

Affirmed in part, annulled in part

Orders

  • Affirmed refusal of access to part of record 197 under section 31(1)(a)
  • Affirmed refusal of access to remaining records under sections 37(1) and 37(7)