Annual Report 2008 - Text

Personal Information of Deceased Persons

In my Annual Reports for 2005, 2006 and 2007 and in other publications, I commented in some detail on the vexed question of FOI access to the records of deceased persons. The FOI Act (section 28) protects personal information (including the personal information of the deceased) from disclosure subject to certain exceptions. One departure from the protection for personal information is in section 28(6) which provides that the Minister for Finance may introduce regulations for the granting of access to records relating to certain classes of persons including those records relating to persons who are deceased. In 1999, the Minister introduced Statutory Instrument No. 47 of 1999 (the 1999 Regulations) for this purpose. I and others have highlighted problems in the interpretation and operation of the 1999 Regulations and called on the Minister to revisit the regulations in order to deal with the difficulties.

I am pleased that by the end of 2008, the Department of Finance had consulted with FOI practitioners in the Health sector on draft amended regulations and guidelines covering this area. In early 2009, the Department sought my comments on its proposals and I have provided those. I recognise the difficulties inherent in drawing up regulations and guidelines which reflect the provisions of the primary legislation, provide a right of access to defined classes of requester but also allow decision makers to apply the provisions as far as possible in a manner that is clear and equitable. I look forward to further progress on this matter.

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