Ms X and HSE West (FOI Act 2014) [2016] IEIC 160114 (29 June 2016)

Ms X and HSE West (FOI Act 2014) [2016] IEIC 160114 (29 June 2016)

The record contains personal information relating to third parties and joint personal information, and no public interest outweighs the privacy rights protected by section 37; therefore, refusal of access is justified.

Citation
[2016] IEIC 160114
Parties
Applicant: Ms X; Respondent: HSE West
Jurisdiction
Ireland
Judgment Date
29 June 2016
Procedural Posture
Freedom of Information Review / Final Determination by Information Commissioner
Outcome
request refused; original decision affirmed
Legal Topics
Freedom of Information Act 2014, Personal Information Exemption, Public Interest Test, Privacy Rights
Administrative Law Information Law Freedom of Information Act 2014 Personal Information Exemption Public Interest Test Privacy Rights

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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 a letter under FOI Act 2014
  2. 2 Applicability of section 37 (personal information exemption)
  3. 3 Public interest balancing under section 37(5)(a)

Ratio Decidendi

The record contains personal information relating to third parties and joint personal information, and no public interest outweighs the privacy rights protected by section 37; therefore, refusal of access is justified.

Court Disposition

request refused; original decision affirmed

Orders

  • Decision of HSE West affirmed; access to the letter refused