Question juridique clé
Whether the redaction of a passage in the deceased patient's file violated the appellant's right of access to the file.
Solution extraite
No. The redacted passage concerned personal information from a third person, which is excluded from access under the special health-law rules and may also be withheld under the constitutional right of access after balancing interests.
Motifs extraits
The court held that § 32 para. 2 Health Act excludes personal notes of health professionals and personal information of third persons without further balancing. For a third party's access right after the patient's death, the same restriction applies. The disputed passage was a phone note from an outside informant, and the privacy interest, together with the public interest in obtaining reliable third-party information in psychiatric treatment, outweighed the appellant's access interest.