Sunday Business Post
Sunday December 23 2001
Information applicants entitled to 'personal information' documents
by Kieron Wood
A High
Court judge has ruled that applicants for documents under the Freedom of
Information Act are entitled to see any records which relate to a matter in
which they have a "substantial personal interest". Mr Justice Iarflaith O'Neill was giving judgement in the case of EH v
the Information Commissioner.
The appellant, EH, sought a series of documents from the Department of Health
relating to allegations that he sexually abused his daughter. The High Court
granted a discovery order in 1996 but when the Department produced the
documents in 1998 it withheld certain records which it said were not subject to
discovery. EH then applied for the release of the documents under the Freedom
of Information Act. When the Department again refused to hand over the papers,
he asked the Information Commissioner to intervene. Subsequently, EH was
provided with a further eight documents, but the Information Commissioner
upheld the Department's refusal to release eight letters and two files.
On Friday, Mr Justice O'Neill ruled that one affidavit should be withheld
because its contents have been derived from material subject to the in camera
rule in the case of Eastern Health Board v The Fitness to Practise Committee of
the Medical Council. The judge said the two files related exclusively to other
people. O'Neill ruled that another affidavit by Dr MW and the letters should be
given to EH. He said the affidavit referred to matters in which EH had a
"real and substantial interest", while the letters expressly referred
to EH by name.