Freedom of Information query

topline

Looking for information regarding the with holding of information.

Long story short, my mother had a coversation with HSE regarding a case they were enquiring about. She contacted the 2 interviewee's regarding a copy of notes taken. Neither had any objection to this although their supervisor informed the third party (subject of the enquiry) and the request has been denied. Being new to this we are unsure of the quidelines.

The request was not made through the FOI. As the interview was informal, notes or statements were taken at the time. The purpose of the interview was to obtain an independent version of events. The request was for a copy of same. Is my mother entitled to a copy of these notes or statements? Are the notes regarded as confidential to the point that the subject should not have been informed of same notes and instructed not to supply copy of same.

When we decide to use the FOI act:
What information can the subject block which is requested through the FOI act?
Can the subject block statements or information given by her to HSE from the person requesting information held about him?

Thank you in advance

topline

Any information would be greatly appreciated

eigrod

You should find some useful information here : http://www.hse.ie/eng/services/yourhealthservice/info/FOI/

FOIreland

Hi topline,

this can be complicated but you should certainly request the information under FOI, since this provides you with certain legal rights, including the right to a response, a set timescale, appeal to the Information Commissioner, and the right to have any refusal explained in terms of a specific exemption or exemptions.

The details of the case are not exactly clear but I assume your mother was asking for information which concerned her - in this case it counts as her personal information and she is - in principle - entitled to it. However there are two exemptions which might be engaged, under which the information, or some of it, could be refused.

One is confidentiality. If the information was given with an understanding of confidentiality - if the person who supplied it could reasonably expect it to be kept secret - then it could be refused. In this case, it does not seem to apply since you say the interviewees had no objection to the notes being disclosed. But the HSE may decide it cannot be sure of this, if the interviewees have not formally informed them that they have no objection. HSE rules are probably strict about keeping such notes confidential as a rule. You could always ask the interviewees to ask for the information, and pass it on. However, a lot would depend on the kind of information they provided. If they just stated their own views, or a factual description of events, they have the right to any notes of this. But if they provided information about another person, and this information was given to them in confidence, the HSE may well consider confidentiality applies.

The other exemption is about personal data. Any information that is personal to the subject is treated as personal data and should normally be withheld. Again, it comes down to whether the information is private information about the subject, or just the views or experiences of the interviewees.

If you ask under FOI, the HSE must tell you which exemption they are applying. If they exclude information, they should try to redact it (black out certain words or sections) rather than withholding the entire document, if at all possible.

If they do refuse, you can ask for a review, and if this fails you can appeal to the Information Commissioner. Be aware that this can take a long time though.

You can find more information on the government FOI site at foi.gov.ie. Do a search for "Short Guide to the FOI Acts". It's a bit out of date as there's a new FOI Act, but the changes should make little difference for you.

Victor

topline wrote: »

Looking for information regarding the with holding of information.

Long story short, my mother had a coversation with HSE regarding a case they were enquiring about. She contacted the 2 interviewee's regarding a copy of notes taken. Neither had any objection to this although their supervisor informed the third party (subject of the enquiry) and the request has been denied. Being new to this we are unsure of the quidelines.

The request was not made through the FOI. As the interview was informal, notes or statements were taken at the time. The purpose of the interview was to obtain an independent version of events. The request was for a copy of same. Is my mother entitled to a copy of these notes or statements? Are the notes regarded as confidential to the point that the subject should not have been informed of same notes and instructed not to supply copy of same.

When we decide to use the FOI act:
What information can the subject block which is requested through the FOI act?
Can the subject block statements or information given by her to HSE from the person requesting information held about him?

Thank you in advance

You don't give us any context, so your post isn't the clearest.

Using the Data Protection Act may be more useful if the information is about you / your mother.

Conversely, if the information is about a third party, the HSE will be reluctant to release any information. If it ends up being a court situation, there may be an entitlement to a copy of any statements.