Ms X and the Health Service Executive (FOI Act 2014) [2017] IEIC 160350 (30 January 2017)

Ms X and the Health Service Executive (FOI Act 2014) [2017] IEIC 160350 (30 January 2017)

The HSE failed to properly consider the 2009 Regulations and the specific public interest test for access to records of deceased persons. The decision to refuse access was not justified and must be annulled.

Source-derived case information.

Citation
[2017] IEIC 160350
Parties
Applicant: Ms X; Respondent: Health Service Executive
Jurisdiction
Ireland
Judgment Date
30 January 2017
Procedural Posture
FOI Review / Decision on Review
Outcome
decision annulled
Legal Topics
Access to Records of Deceased Persons, Confidentiality, Personal Information, Public Interest Test
Administrative Law Freedom of Information Access to Records of Deceased Persons Confidentiality Personal Information Public Interest Test

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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 records relating to the applicant's deceased mother under sections 35(1)(a) and 37(1) of the FOI Act
  2. 2 Whether the HSE properly considered the 2009 Regulations regarding access to records of deceased persons

Ratio Decidendi

The HSE failed to properly consider the 2009 Regulations and the specific public interest test for access to records of deceased persons. The decision to refuse access was not justified and must be annulled.

Court Disposition

decision annulled

Orders

  • The HSE is directed to undertake a fresh decision-making process in respect of the applicant's request, having due regard to the 2009 Regulations.