Ms X and the Health Service Executive (FOI Act 2014) [2017] IEIC 170198 (26 July 2017)

Ms X and the Health Service Executive (FOI Act 2014) [2017] IEIC 170198 (26 July 2017)

The HSE was justified in refusing direct access to the records as professional evidence indicated that disclosure might be detrimental to the applicant's emotional health, and the statutory process for access through a health professional was properly offered.

Source-derived case information.

Citation
[2017] IEIC 170198
Parties
Applicant: Ms X; Respondent: Health Service Executive
Jurisdiction
Ireland
Judgment Date
26 July 2017
Procedural Posture
FOI Review / Decision on Review
Outcome
refusal affirmed
Legal Topics
Freedom of Information, Medical Records, Exemptions Under FOI Act
Administrative Law Health Law Freedom of Information Medical Records Exemptions Under FOI Act

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Ms X

Applicant

Health Service Executive

Respondent

Procedural Posture

FOI Review / Decision on Review

Legal Issues

  1. 1 Whether the HSE was justified in refusing access to the applicant's medical records under sections 37(3) and 37(4) of the FOI Act

Ratio Decidendi

The HSE was justified in refusing direct access to the records as professional evidence indicated that disclosure might be detrimental to the applicant's emotional health, and the statutory process for access through a health professional was properly offered.

Court Disposition

refusal affirmed

Orders

  • The decision of the HSE to refuse access to records 262-333 under section 37(3) of the FOI Act is affirmed.
  • The HSE's offer to provide access to the records through a nominated health professional remains.