Ms X and St James's Hospital [2020] IEIC 61120 (19 May 2020)

Ms X and St James's Hospital [2020] IEIC 61120 (19 May 2020)

The applicant failed to provide sufficient supporting evidence to demonstrate, on the balance of probabilities, that the information in the record was incomplete, incorrect, or misleading. Therefore, the hospital was justified in refusing the amendment application.

Citation
[2020] IEIC 61120
Parties
Applicant: Ms X; Respondent: St James's Hospital
Jurisdiction
Ireland
Judgment Date
19 May 2020
Procedural Posture
Freedom of Information Amendment Application / Review by Information Commissioner Under Section 22(2) of the FOI Act
Outcome
application refused; hospital's decision affirmed
Legal Topics
Amendment of Records, Burden of Proof Under FOI, Personal Information, Standard of Proof (balance of Probabilities)
Administrative Law Freedom of Information Amendment of Records Burden of Proof Under FOI Personal Information Standard of Proof (balance of Probabilities)

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Parties

Ms X

Applicant

St James's Hospital

Respondent

Procedural Posture

Freedom of Information Amendment Application / Review by Information Commissioner Under Section 22(2) of the FOI Act

Legal Issues

  1. 1 Whether the applicant demonstrated that the information in the hospital record was incomplete, incorrect, or misleading on the balance of probabilities

Ratio Decidendi

The applicant failed to provide sufficient supporting evidence to demonstrate, on the balance of probabilities, that the information in the record was incomplete, incorrect, or misleading. Therefore, the hospital was justified in refusing the amendment application.

Court Disposition

application refused; hospital's decision affirmed

Orders

  • Hospital's refusal to amend the record is affirmed.
  • Hospital must attach the applicant's amendment application or a notation to the record as required by section 9(4)(a)(i) of the FOI Act.