Ms Y and the HSE South (FOI Act 2014) (HSE South) [2018] IEIC 170499 (16 January 2018)

Ms Y and the HSE South (FOI Act 2014) (HSE South) [2018] IEIC 170499 (16 January 2018)

The withheld information is personal information relating to individuals other than the applicant. None of the exceptions under section 37(2) or 37(5) apply, as the public interest in release does not outweigh the privacy rights of the individuals concerned, and the applicant does not qualify under the regulations for access to records of deceased persons. Therefore, refusal under section 37(1) is justified.

Citation
[2018] IEIC 170499
Parties
Applicant: Ms Y; Respondent: HSE South
Jurisdiction
Ireland
Judgment Date
16 January 2018
Procedural Posture
FOI Appeal / Decision of Information Commissioner Following Internal Review
Outcome
appeal dismissed; refusal affirmed
Legal Topics
Access to Records of Deceased Persons, Personal Information Exemption, Public Interest Balancing, Third Party Privacy
Freedom of Information Privacy Law Access to Records of Deceased Persons Personal Information Exemption Public Interest Balancing Third Party Privacy

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Parties

Ms Y

Applicant

HSE South

Respondent

Procedural Posture

FOI Appeal / Decision of Information Commissioner Following Internal Review

Legal Issues

  1. 1 Whether the HSE was justified in refusing access to parts of the deceased's file under section 37 of the FOI Act on the grounds it is personal information of third parties

Ratio Decidendi

The withheld information is personal information relating to individuals other than the applicant. None of the exceptions under section 37(2) or 37(5) apply, as the public interest in release does not outweigh the privacy rights of the individuals concerned, and the applicant does not qualify under the regulations for access to records of deceased persons. Therefore, refusal under section 37(1) is justified.

Court Disposition

appeal dismissed; refusal affirmed

Orders

  • The HSE's decision to refuse access to certain information under section 37(1) of the FOI Act is affirmed.