O’Reilly ‘wrong to refuse access to records’

IN a decision addressing important issues under the Freedom of Information legislation, the Supreme Court has ruled the Information Commissioner was wrong to refuse a separated father, who is by court order a joint guardian of his two children, access to his daughter’s hospital medical records.

The five-judge court yesterday found the commissioner, Emily O’Reilly, applied the wrong legal test in determining the release of the records would only be directed where there was “tangible evidence” that such release would actually best serve the interests of the girl.

The commissioner should have approached the request by acknowledging that a parent is presumed to be entitled to access the medical information and that release of the information was in the child’s best interests, the court held.