Ms. X and Medical Council [2021] IEIC OIC-112652-V2X3P8 (1 November 2021)

Ms. X and Medical Council [2021] IEIC OIC-112652-V2X3P8 (1 November 2021)

The applicant's repeated and burdensome use of the FOI process to pursue a grievance already decided upon constituted a pattern of conduct amounting to an abuse of the right of access, justifying refusal under section 15(1)(g) of the FOI Act.

Source-derived case information.

Citation
[2021] IEIC OIC-112652-V2X3P8
Parties
Applicant: Ms. X; Respondent: Medical Council
Jurisdiction
Ireland
Judgment Date
01 November 2021
Procedural Posture
FOI Review / Decision on Review by Information Commissioner
Outcome
request refused
Legal Topics
Vexatious Requests, Personal Information Exemption, Abuse of Process
Freedom of Information Administrative Law Vexatious Requests Personal Information Exemption Abuse of Process

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Parties

Ms. X

Applicant

Medical Council

Respondent

Procedural Posture

FOI Review / Decision on Review by Information Commissioner

Legal Issues

  1. 1 Whether the Medical Council was justified in refusing access to a named doctor’s certificate of additional qualification under sections 15(1)(g) and 37 of the FOI Act

Ratio Decidendi

The applicant's repeated and burdensome use of the FOI process to pursue a grievance already decided upon constituted a pattern of conduct amounting to an abuse of the right of access, justifying refusal under section 15(1)(g) of the FOI Act.

Court Disposition

request refused

Orders

  • Decision of the Medical Council to refuse the request under section 15(1)(g) of the FOI Act affirmed.