Gino Kenny (Dublin Mid West, People Before Profit Alliance)
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547. To ask the Minister for Health the reason access to HSE files under freedom of information can be refused under section 15(1)(c) if it is felt that there are too many documents to retrieve and examine; his views as to whether this denial of access can have grave and far-reaching implications for those who need their files; if consideration will be given to re-examining this reason for denying access in view of the negative impact it has on those who need to see their files; if there is a right to appeal this decision; if so, if the appeal can be conducted by an independent reviewer; and if he will make a statement on the matter. [43135/20]

Stephen Donnelly (Wicklow, Fianna Fail)
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The Health Service Executive(HSE) is a separate body to the Department of Health for the purposes of Freedom of Information. Statutory responsibility for the Health Service Executive's compliance with the provisions of the Freedom of Information Act, 2014 rests entirely with the Health Service Executive.

In invoking Section 15(1)(c) of the Act, the FOI body in question, in this case the HSE, must offer to assist the requester in amending the request so that it no longer falls within the description of this Section.

The Freedom of Information legislation provides for the right of appeal, by requesters, in cases where the above may have not been met. An appeal may also be made, even if assistance has been offered to amend the wording of the request. This appeal is known as an Internal Review appeal. A request for such an appeal must be made, in writing, by the requester, within 4 weeks of receipt of the decision from the relevant FOI body. Internal Reviews are carried out by individuals who hves not been involved in the making of the original decision.

In accordance with Section 22(1)(b) of the FOI Act, 2014, a requester may appeal the Internal Review decision, to the Office of the Information Commissioner.