Ms X and St. James's Hospital (FOI Act 2014) [2017] IEIC 170213 (15 August 2017)

Ms X and St. James's Hospital (FOI Act 2014) [2017] IEIC 170213 (15 August 2017)

The Hospital was justified in refusing direct access to the applicant's medical records under section 37(3) of the FOI Act 2014, as there was sufficient evidence that disclosure might be prejudicial to her mental health, well-being or emotional condition. Section 37(4) applies automatically, requiring the offer of...

Source-derived case information.

Citation
[2017] IEIC 170213
Parties
Applicant: Ms X; Respondent: St. James's Hospital
Jurisdiction
Ireland
Judgment Date
15 August 2017
Procedural Posture
Freedom of Information Review / Decision on Review
Outcome
refusal affirmed
Legal Topics
Freedom of Information, Medical Records, Exemptions Under FOI Act
Administrative Law Health Law Freedom of Information Medical Records Exemptions Under FOI Act

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Summary, issues, holding and outcome

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Parties

Ms X

Applicant

St. James's Hospital

Respondent

Procedural Posture

Freedom of Information Review / Decision on Review

Legal Issues

  1. 1 Whether the Hospital was justified in refusing access to the applicant's medical records under sections 37(3) and 37(4) of the FOI Act 2014

Ratio Decidendi

The Hospital was justified in refusing direct access to the applicant's medical records under section 37(3) of the FOI Act 2014, as there was sufficient evidence that disclosure might be prejudicial to her mental health, well-being or emotional condition. Section 37(4) applies automatically, requiring the offer of access via a health professional. The applicant did not provide evidence to refute the Hospital's position, and the composite nature of the records made partial release impractical and potentially misleading.

Court Disposition

refusal affirmed

Orders

  • The decision of St. James's Hospital to refuse access to the applicant's medical records under section 37(3) of the FOI Act is affirmed.