Mr O'C and the Health Service Executive

• Jurisdiction: Ireland
• Judge: Elizabeth Dolan Senior Investigator
• Judgment Date: 21 July 2015
• Case Outcome: The Senior Investigator, following notification by the HSE of a change in its position, annulled the decision to refuse access to records on the basis of section 28(3) and directed that a fresh decision making process be undertaken.
• Respondent: HSE West
• Record Number: 150130
• Court: Information Commission

Whether the HSE was justified in refusing the applicant's request for access to records relating to him on the basis of section 28(3) of the FOI Act

Conducted in accordance with section 34(2) of the FOI Act by Elizabeth Dolan, Senior Investigator, who authorised by the Information Commissioner to conduct this review

Background

On 23 July 2014, the applicant made a request for access to his medical records. The HSE refused access on 10 November 2014 on the basis of section 28(3) of the Act. On 21 November 2014, the applicant requested an internal review of this decision and on 1 December 2014 the HSE upheld its original decision. The applicant applied to this Office for a review of that decision on 26 April 2015.

I have now completed my review in accordance with section 34(2) of the FOI Act. In carrying out my review, I have had regard to the provisions of the FOI Act and to the submission made by the applicant. In the interests of clarity, I should point out that this review was carried out under the provisions of the FOI Acts 1997-2003 notwithstanding the fact that the FOI Act 2014 has now been enacted. The transitional provisions in section 55 of the 2014 Act provide that any action commenced under the 1997 Act but not completed before the commencement of the 2014 Act...