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.