Personal Information

Personal Information  and Exceptions

A head of a public body shall refuse a freedom of information request if, in the opinion of the head, access to the record concerned would involve the disclosure of personal information including personal information relating to a deceased person.

The above does not apply if

• the information concerned relates to the person making the request,
• the individual to whom the information relates consents, in writing or such other form as may be determined, to its disclosure to the requester,
• information of the same kind as that contained in the record in respect of individuals generally, or of a class is, having regard to all the circumstances, of significant size, is available to the general public,
• information was given to the body concerned by the individual to whom it relates and the individual was informed before being so given, that the information belongs to a class of information which could or might be made available to the public,
• disclosure of the information is necessary in order to avoid a serious and imminent danger to the life or health of an individual.

Consent above must be sufficiently established.

Medical and Social

Where the request relates to records of a medical or psychiatric nature relating to the person concerned, or the record is kept for the purposes of, or obtained in the course of the carrying out, social work in relation to the requester and in the opinion of the head concerned, disclosure of the information concerned might be prejudicial to the person’s health, physical or mental health, well-being or emotional condition, the head may decide to refuse to grant the request.

Where, there is a refusal to grant access above, the notice is to include confirmation that if the requester requests the head to do so, the head will offer access to the record concerned, and make it available to such health professional having expertise in relation to the matter as the requester may specify, and if the requester so requests, he shall offer access to the record of such health professional and keep it available for that purpose.

Where, a requests for information which would be refused on any of the above grounds, in the opinion of the head concerned, that the public interest should be granted outweighs the right to privacy of the individual to whom the information relates or that the grant would benefit the individual, the individual may subject to procedure subject to procedure below, grant the request.

Where the request relates to personal information which is not subject to the above exceptions, he may refuse to grant the request and not disclose whether or not the record exists.

Notwithstanding that information relates to the requester, the head, subject to the other exceptions refuses to grant the request if in his opinion, access would in addition to involving the disclosure of personal information to the requester, also involve the disclosure of personal information relating to other individuals.

The Minister may by regulations provide for the grant of requested information where the individual to whom the record relates belongs to a class specified in the regulations and the requester concerned is the parent or guardian of the individuals or the individual to whom the record relates is dead and the requester is a member of the class specified in the regulations.

Public Interest Outweigh Private Interest

The procedure applicable, where the head determines that the public interest outweighs the interest of the person concerned. It is similar to that applicable under other exceptions.  Before deciding whether to grant the request, the head shall, not later than two weeks after the receipt of the request, cause the person whom the information relates to be notified in writing or such other form as may be determined of the request of that person’s right within three weeks to make submissions and that the head will consider the submissions.

The head may, as respects a request, extend the period for compliance for up to two weeks, if the request relates to a number of records and the number of persons to be notified is such that compliance within the period specified is not reasonably possible.

Where time is extended, the head shall give notice in writing, to the person making the request of the additional time period, and the reasons.

A person receiving notice may within three weeks, make submissions to the head.  They shall be considered in deciding whether or not the public interest outweighs the interest in the person’s privacy.

The person concerned may request the review of the decision by the Commissioner.  The Commissioner may having heard submissions, affirm or annul the decision of the head concerned.

The effect of the above provision are that personal information is presumed not to be available for disclosure, subject to the exceptions and procedures for overriding nondisclosure, where the public interest in disclosure outweighs the general public interest in maintaining privacy.

Definiiton of Personal Information

Personal information is information about an identifiable being that which would in the ordinary course of events be known only to the individuals or members of his family or is held by a public body on the understanding that it is treated as confidential.  Personal information may include any one or more or a combination of the following.  The list is not exhaustive.

• information relating to the educational, medical, psychiatric or psychological history of the individual,
• information relating to the financial affairs of the individual,
• information relating to the employment or employment history of the individual,
• information relating to the criminal history of the individual,
• information relating to the religion, age, sexual orientation or marital status of the individual,
• any letter, symbol, word, mark or thing assigned to the individual by a public body for the purpose of identification,
• information on Social Welfare entitlements or required for the purpose of establishing entitlement,
• information required for the assessment of an individual to tax or duty,
• the name of the individual where it appears with other personal information relating to the individual or where the disclosure of the name would be likely to establish that any personal information held by the public body concerned relates to the individual,
• information relating to property of the individual including the person’s title to the property,
• the views or opinions of another person about the individual.

Information may be personal information if the person is named or is identifiable.   The information may be personal if it is information which in the ordinary course of events, would be known only to the individual or members of the family, or friends of the individual, or information which is held by the public body on the understanding that it would be treated confidentially.

Certain information which might otherwise be deemed to be personal is excluded.  This includes, where an individual holds or held an office or occupies a position as a member of staff, the name of the individual or information relating to the office or position or its functions or the terms upon which and subject to which the person holds or held the office or position or anything written or recorded in any form by the individual in the course of and for the purpose of the performance of the functions.

Where the individual is or was providing a service for a public body under a contract for services, the name of the individual or information in relation to the service or the terms of the contract or anything written or recorded in any form by the individual in the course of and for the purposes of the services,

the views or opinions of the individual in relation to a public body, staff of a public body or business or the performance of functions of a public body.

The above are designed to maintain access to governmental and contractor’s information notwithstanding that individuals are identified or mentioned in them.  They are limited to factual information except in the last case, which applies to views or opinions in relation to a public office or business.  The exemption in relation to views etc. cover reviews undertaken of the public body.

Accordingly, private personal information would not be available, but official information is potentially available.

Personal Information of Requester

The general position is that where the information concerns the person making the request, it is to be disclosed notwithstanding that it is personal information.  This is subject to the proviso below.  A person may authorise another as such, a solicitor or other representative to apply for access to the information.

Consent to disclosure allows access to personal information which would not otherwise be available.  It may be in such form as may be determined.

Where information is publicly available, it may be disclosed.

Where the individual is informed prior to giving information that it may be disclosed.

Where the disclosure is necessary to avoid danger to life or health.

There is an exception to the right of disclosure where the public body considers it would be prejudicial to the person’s physical or mental health, well being or emotional condition.  In this case, the person making the request may require that information be given to a medical professional specified who has expertise in relation to the particular subject matter of the record.

Certain representatives including persons nominated for the purpose of accessing records by the individual when living, persons appointed by Court and persons deemed appropriate by the public body, having regard to the circumstances, including particularly the relationship to the requester.\

Regulations may provide for granting of a request for access by parents and guardians.

Balancing Interests

The head of the public body may determine that the public interest in disclosing the information outweighs the right to privacy.  Information may be disclosed where in the opinions of the head, the grant would benefit the individual.

The head of the body must balance the public interest and the private interest.  The public interest should clearly outweigh the interest in privacy in the circumstances in order to justify disclosure.  There must be some good governmental and public interest in the disclosure rather than one based merely on curiosity and inquisitiveness.  The relationship between the requester and their motive may be relevant.

On the one hand and as a matter of principle, information should be publicly available or not.  However, it does appear that the particular circumstances may be relevant in weighing the public interest.  The extent to which it is proposed to be disseminated will enter consideration.  It was generally difficult to limit further dissemination.  However, exceptionally conditions may be imposed.

Where it is proposed to release public information, the individual concerned is given the opportunity to make submissions.  These must be considered.  The individual and the third-party concerned may act will the matter to the Information Commissioner.