Ms X and Health Service Executive (Health Service Executive) [2022] IEIC 121124 (22 August 2022)

Ms X and Health Service Executive (Health Service Executive) [2022] IEIC 121124 (22 August 2022)

The HSE was justified in refusing access to the requested records under section 15(1)(a) of the FOI Act because, after all reasonable searches and explanations, it was established that the records sought do not exist or cannot be found.

Source-derived case information.

Citation
[2022] IEIC 121124
Parties
Applicant: Ms X; Respondent: Health Service Executive
Jurisdiction
Ireland
Judgment Date
22 August 2022
Procedural Posture
FOI Appeal / Decision on Review
Outcome
refusal affirmed
Legal Topics
Refusal of Access to Records, Existence of Records, Public Health Administration, COVID 19 Vaccination Records
Freedom of Information Administrative Law Refusal of Access to Records Existence of Records Public Health Administration COVID 19 Vaccination Records

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Parties

Ms X

Applicant

Health Service Executive

Respondent

Procedural Posture

FOI Appeal / Decision on Review

Legal Issues

  1. 1 Whether the HSE was justified in refusing access to records under section 15(1)(a) of the FOI Act on the grounds that the records sought do not exist

Ratio Decidendi

The HSE was justified in refusing access to the requested records under section 15(1)(a) of the FOI Act because, after all reasonable searches and explanations, it was established that the records sought do not exist or cannot be found.

Court Disposition

refusal affirmed

Orders

  • The decision of the HSE to refuse access under section 15(1)(a) of the FOI Act is affirmed.