Summary: The Senior Investigator varied the decision of the HSE. She found that it was not justified in refusing to grant access to all of the records under section 37 of the FOI Act. Having considered the provisions of section 37(8)(a) and regulations made under that subsection and the applicant's status as executrix acting in the administration of the deceased's estate, she directed the release of the records subject to redaction of personal information relating to third parties which she found to be exempt under section 37(1).
Date: 23-07-2018
Case Number: 180181
Public Body: Health Service Executive
Section of the Act.: s.37
Summary: The Senior Investigator affirmed the Hospital's decision. She found that the applicant was not entitled to access the records under Regulations made under section 37(8) of the FOI Act having concluded 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 refusing the request. She also found that the applicant was not entitled to access to the personal information in the records under the other exceptions to section 37(1).
Date: 20-07-2018
Case Number: 180077
Public Body: St James's Hospital
Section of the Act.: s.37, s.37(1), s.37(8),
Summary: The Senior Investigator affirmed the Central Bank's refusal to grant access to the information sought under section 15(1)(a) of the FOI Act on the ground that no records containing the information sought exist.
Date: 20-07-2018
Case Number: 180161
Public Body: Central Bank of Ireland
Section of the Act.: s.15, s.15(1)(a),
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),