[2014.]
Freedom of Information Act 2014.
[No. 30.]PT.4 S.37
(a) there shall be included in the notice under section 13(1) in relation to the matter a
statement to the effect that, if the requester requests the head to do so, the head
will offer access to the record concerned, and keep it available for that purpose,
in accordance with section 13(3) to such health professional having expertise in
relation to the subject-matter of the record as the requester may specify, and
(b) if the requester so requests the head, he or she shall offer access to the record to
such health professional as aforesaid, and keep it available for that purpose, in
accordance with section 13(3).
(5) Where, as respects an FOI request the grant of which would, but for this subsection,
fall to be refused under subsection (1), in the opinion of the head concerned, on
balance—
(a) the public interest that the request should be granted outweighs the public interest
that the right to privacy of the individual to whom the information relates should
be upheld, or
(b) the grant of the request would benefit the individual aforesaid,
the head may, subject to section 38, grant the request.
(6) Where—
(a) an FOI request relates to a record to which subsection (1) applies but to which
subsection (2) and (5) do not apply or would not, if the record existed, apply, and
(b) in the opinion of the head concerned the disclosure of the existence or nonexistence of the record would have the effect specified in subsection (1),
he or she shall refuse to grant the request and shall not disclose to the requester
concerned whether or not the record exists.
(7) Notwithstanding paragraph (a) of subsection (2), a head shall, subject to paragraphs
(b) to (e) of that subsection and subsections (5) and (8), refuse to grant an FOI request
if, in the opinion of the head, access to the record concerned would, in addition to
involving the disclosure of personal information relating to the requester, also involve
the disclosure of personal information relating to an individual or individuals other
than the requester.
(8) Notwithstanding subsection (1), the Minister may provide by regulations for the grant
of an FOI request where—
(a) the individual to whom the record concerned relates belongs to a class specified
in the regulations and the requester concerned is the parent or guardian of the
individual, or
(b) the individual to whom the record concerned relates is dead and the requester
concerned is a member of a class specified in the regulations.
(9) In this section “health professional” means a medical practitioner, within the meaning
of the Medical Practitioners Act 2007, a registered dentist, within the meaning of the
Dentists Act 1985, or a member of any other class of health worker or social worker
standing prescribed, after consultation with such (if any) other Ministers of the
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