Judgment: 2012-03-08 · Court archive

High Court rejects challenge to rules on access to deceased woman’s medical records

The court upheld the regulations and ministerial guidance used to refuse a husband access to his late wife’s health records under freedom of information law.

High Court · [2012] IEHC 117

Who, what, where, when and why

Who
  • James O’Loughlin (Applicant)
  • Information Commissioner
  • Health Service Executive
  • Anne Marie O’Loughlin
  • Michael White (Judge)
What

The court upheld the regulations and ministerial guidance used to refuse a husband access to his late wife’s health records under freedom of information law.

Where

Places mentioned in the report

  • Ennis Regional Hospital
  • Limerick
  • Ennis
When

Judgment:

Other dates in the report
  • 30 November 2010

    In a judgment delivered on 8 March 2012, Mr Justice Michael White refused the relief sought by O’Loughlin. He had asked the court to quash a 30 November 2010 decision by the Information Commissioner that upheld the Health Service Executive’s refusal. He also challenged the validity of the regulations and ministerial guidance used in considering requests for records of deceased people, and argued in the alternative that the law improperly delegated legislative power.

Why

Reasons reported in the judgment

The High Court has rejected a judicial review challenge to rules governing access to the medical records of deceased people, leaving in place the refusal of James O’Loughlin’s request for his late wife’s records.

The High Court has rejected a judicial review challenge to rules governing access to the medical records of deceased people, leaving in place the refusal of James O’Loughlin’s request for his late wife’s records.

In a judgment delivered on 8 March 2012, Mr Justice Michael White refused the relief sought by O’Loughlin. He had asked the court to quash a 30 November 2010 decision by the Information Commissioner that upheld the Health Service Executive’s refusal. He also challenged the validity of the regulations and ministerial guidance used in considering requests for records of deceased people, and argued in the alternative that the law improperly delegated legislative power.

O’Loughlin sought records relating to his wife, Anne Marie O’Loughlin, who died in January 2009 aged 36. He wanted them in connection with a proposed application to the Criminal Injuries Compensation Tribunal on behalf of himself and the couple’s five children. The judgment says she had received psychiatric treatment before her death. It records that her death was alleged to be suicide following trauma from witnessing one brother murder another; that account is not presented as a finding by the court.

The HSE gave partial access to records held by Ennis Regional Hospital and Ennis childcare services, but refused access to records from St Joseph’s Hospital in Limerick. The Information Commissioner later found the HSE justified in refusing the records under section 28 of the Freedom of Information Act 1997 and the 2009 regulations. The Commissioner considered privacy and public-interest factors, and noted that the Tribunal could obtain medical reports.

O’Loughlin argued that the regulations went beyond the Minister’s authority by requiring a public-interest test for requests by a spouse or next of kin. He also challenged the guidance notes and said section 28(6) amounted to an unconstitutional delegation of legislative power. The respondents disputed his standing, but the judge held that he had standing because he could benefit if the regulation were struck down.

The court concluded that the Minister’s regulation-making powers had to be considered alongside the wider Act. It held that the public-interest test was consistent with the Act’s protections for personal information and its provision for possible release. The guidance notes were not binding on decision-makers, and there was no requirement to lay them before the Oireachtas. The court also rejected the constitutional challenge, finding section 28(6) consistent with the Act’s principles and purposes.

The judgment refused the relief sought. It did not order disclosure of the records; the Information Commissioner’s decision upholding the HSE refusal therefore remained undisturbed.

Read the original court judgment

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