Summary: The Senior Investigator annulled the HSE's decision. She found that it was not justified in refusing to grant access to the records under section 37 of the FOI Act. She considered that the applicant, as a next of kin, had a right of access to her late father's records under Regulations made under section 37(8) of the FOI Act, in that having regard to all the circumstances, the public interest, including that in the confidentiality of personal information, would on balance be better served by granting the request. She directed the HSE to grant access to the records subject to redaction of personal information relating to third parties.
Date: 19-07-2018
Case Number: 170427
Public Body: The Health Service Executive
Section of the Act.: s.37, s.37(1), s.37(8),
Summary: The Senior Investigator varied the Council's decision. She annulled its effective refusal of certain parts of the request. She remitted these particular matters for fresh consideration by the Council in line with the requirements of the FOI Act. She otherwise affirmed the Council's application of section 15(1)(a) to each part of the request. She annulled the Council's application of sections 29 and 30(1)(b) to the two partially granted records. She directed it to grant access to those two records in full.
Date: 19-07-2018
Case Number: 180092
Public Body: Kilkenny County Council
Section of the Act.: s.15, s.15(1)(a), s.31, s.31(1)(b), s.29
Summary: The Senior Investigator affirmed the decision of TII to refuse to grant access to six records on the basis of legal professional privilege. She also affirmed its decision to refuse to grant access to additional records on the basis that none existed or could be located one all reasonable steps had been taken to ascertain their whereabouts.
Date: 18-07-2018
Case Number: 180054
Public Body: Transport Infrastructure Ireland
Section of the Act.: s.15, s.15(1)(a), s.31, s.31(1)(a),
Summary: The Senior Investigator varied the decision of the Council and directed partial release of the record with all personal information redacted. She found that the Council had failed to justify its refusal except in relation to a small amount of personal information in the record.
Date: 18-07-2018
Case Number: 180175
Public Body: Cork City Council
Section of the Act.: s.37
Summary: The Senior Investigator affirmed the HSE's decision to redact certain information from the applicant's out-patient records under section 37(1) of the FOI Act.
Date: 17-07-2018
Case Number: 180080
Public Body: Health Service Executive
Section of the Act.: s.37
Summary: The Senior Investigator affirmed the Hospital's decision to refuse access to the records sought under section 15(1)(a) on the ground that they cannot be found.
Date: 13-07-2018
Case Number: 180155
Public Body: Temple Street Children’s University Hospital
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator affirmed the decision of the HSE.
Date: 13-07-2018
Case Number: 180192
Public Body: Health Service Executive
Section of the Act.: s.42, s.42(m)(i),
Summary: The Senior Investigator affirmed the decision of the Service to refuse access to the identities of the former members in question under section 37(1) of the FOI Act.
Date: 11-07-2018
Case Number: 180090
Public Body: Houses of the Oireachtas Service
Section of the Act.: s.37, s.37(1),
Summary: The Senior Investigator affirmed the decision of the Department. He found it was justified in refusing access to the information at issue under section 37(1).
Date: 10-07-2018
Case Number: 180137
Public Body: Department of the Taoiseach
Section of the Act.: s.37, s.37(1),
Summary: The Senior Investigator annulled the decision of the HSE and directed it to undertake a fresh decision-making process in respect of the applicant's request, in light of the fact that the record sought was located during the course of the review.
Date: 10-07-2018
Case Number: 180193
Public Body: Health Service Executive
Section of the Act.: s.15, s.15(1)(a),