Ms X and Health Service Executive [2020] IEIC 67920 (11 June 2020)

Ms X and Health Service Executive [2020] IEIC 67920 (11 June 2020)

The HSE was justified in refusing access to parts of the records under section 37(1) as they contained personal information of third parties, and under section 37(3) as disclosure might be prejudicial to the applicant's health. However, the HSE must re-examine and release any information not qualifying for the...

Source-derived case information.

Citation
[2020] IEIC 67920
Parties
Applicant: Ms X; Respondent: Health Service Executive
Jurisdiction
Ireland
Judgment Date
11 June 2020
Procedural Posture
Freedom of Information Review / Decision on Review by Information Commissioner
Outcome
Varied and affirmed in part
Legal Topics
Freedom of Information, Personal Data, Medical Records, Privacy, Public Interest
Administrative Law Health Law Information Law Freedom of Information Personal Data Medical Records 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

Legal Issues

  1. 1 Whether the HSE was justified in refusing access in full to medical records under section 37 of the FOI Act

Ratio Decidendi

The HSE was justified in refusing access to parts of the records under section 37(1) as they contained personal information of third parties, and under section 37(3) as disclosure might be prejudicial to the applicant's health. However, the HSE must re-examine and release any information not qualifying for the section 37(1) exemption.

Court Disposition

Varied and affirmed in part

Orders

  • HSE to re-examine records and release parts not qualifying for section 37(1) exemption
  • Affirmed refusal of access to information exempt under section 37(3)