Ms X and the Southern Health Board [2003] IEIC 020561 (17 July 2003)

Ms X and the Southern Health Board [2003] IEIC 020561 (17 July 2003)

The applicant, as next of kin with consent of all siblings and no evidence of objection from the deceased, is an 'appropriate' person under SI 47 of 1999 and section 28(6)(b) FOI Act. The Board's refusal failed to consider the correct statutory test and relevant guidelines. Release is justified in all the...

Source-derived case information.

Citation
[2003] IEIC 020561
Parties
Applicant: Ms X; Respondent: Southern Health Board
Jurisdiction
Ireland
Judgment Date
17 July 2003
Procedural Posture
FOI Review / Decision of Information Commissioner on Review of Refusal
Outcome
Appeal allowed; Board's refusal annulled; records to be released to applicant.
Legal Topics
Access to Medical Records of Deceased Persons, Personal Information and Privacy, Statutory Interpretation, FOI Act Section 28(6) and SI 47 of 1999
Administrative Law Health Law Freedom of Information Access to Medical Records of Deceased Persons Personal Information and Privacy Statutory Interpretation FOI Act Section 28(6) and SI 47 of 1999

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Summary, issues, holding and outcome

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Parties

Ms X

Applicant

Southern Health Board

Respondent

Procedural Posture

FOI Review / Decision of Information Commissioner on Review of Refusal

Legal Issues

  1. 1 Whether the applicant, as next of kin, is entitled to access the medical records of her deceased brother under the FOI Act and SI 47 of 1999
  2. 2 Whether the Board was justified in refusing access on grounds of personal information/privacy under section 28(1)
  3. 3 Whether the applicant falls within the class of persons to whom release is 'appropriate' under the regulations

Ratio Decidendi

The applicant, as next of kin with consent of all siblings and no evidence of objection from the deceased, is an 'appropriate' person under SI 47 of 1999 and section 28(6)(b) FOI Act. The Board's refusal failed to consider the correct statutory test and relevant guidelines. Release is justified in all the circumstances.

Court Disposition

Appeal allowed; Board's refusal annulled; records to be released to applicant.

Orders

  • Release medical records of the deceased to Ms X, subject to verification of identity and consents.