X and Y and the Health Service Executive (FOI Act 2014)

Secondly, it is important to note that section 22(12)(b) of the FOI Act provides that when the Commissioner reviews a decision to refuse a request, there is a presumption that the refusal is not justified unless the public body "shows to the satisfaction of the Commissioner that the decision was justified". Therefore, in this case, the onus is on the HSE to satisfy me that its decision is justified.

Thirdly, while I am required to give reasons for my decision under section 22(10) of the FOI Act, I am also required to take reasonable precautions to prevent disclosure of information in an exempt record, under section 25. This means that the extent to which I can describe the records at issue is very limited.

Finally, with certain limited exceptions (e.g. sections 37(2) and 37(8), which I consider below), the FOI Act does not provide for the limiting of access to records to particular individuals only. When a record is released under the FOI Act, it effectively amounts to disclosure to "the world at large" (H.(E.) v Information Commissioner [2001] IEHC 58 ). The FOI Act places no restrictions on the type or extent of disclosure or the subsequent use to which the record may be put.

The HSE claims this exemption in respect of all of the records except records 49 - 66. Having examined the records, I consider it appropriate to consider section 37 in relation to all of the records except records 61, 62 and 64 (which do not contain any personal information).

Section 37(7) provides that access to a record which relates to the requester shall be refused if access to the record would, in addition to disclosure of personal information relating to the requester, also involve the disclosure of personal information relating to people other than the requester. This is subject to certain exceptions, which I consider below.