Ms X and the HSE West [2015] IEIC 150065 (29 May 2015)

Ms X and the HSE West [2015] IEIC 150065 (29 May 2015)

The records sought contain personal information relating to third parties and deceased individuals; the public interest in disclosure does not outweigh the privacy rights of those individuals. The applicant's interests have been met by the prior reading of the letters. Exemptions under sections 28(1) and 28(5B) apply, and section 28(6) does not disapply those exemptions.

Citation
[2015] IEIC 150065
Parties
Applicant: Ms X; Respondent: HSE West
Jurisdiction
Ireland
Judgment Date
29 May 2015
Procedural Posture
Freedom of Information Review / Final Determination by Information Commissioner
Outcome
Decision affirmed; access to records refused
Legal Topics
FOI Act Exemptions, Personal Information, Privacy Rights, Disclosure of Records
Administrative Law Freedom of Information FOI Act Exemptions Personal Information Privacy Rights Disclosure of Records

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Parties

Ms X

Applicant

HSE West

Respondent

Procedural Posture

Freedom of Information Review / Final Determination by Information Commissioner

Legal Issues

  1. 1 Whether HSE was justified in refusing access to records under sections 26 and 28 of the FOI Act
  2. 2 Whether personal information exemption applies to requested records
  3. 3 Whether public interest outweighs privacy rights in disclosure

Ratio Decidendi

The records sought contain personal information relating to third parties and deceased individuals; the public interest in disclosure does not outweigh the privacy rights of those individuals. The applicant's interests have been met by the prior reading of the letters. Exemptions under sections 28(1) and 28(5B) apply, and section 28(6) does not disapply those exemptions.

Court Disposition

Decision affirmed; access to records refused

Orders

  • Applicant denied access to requested letters
  • HSE's refusal of access upheld