Maeve McDonagh | University College Cork (original) (raw)

Books by Maeve McDonagh

Papers by Maeve McDonagh

(2009) Information and Communcations Technology Law Journal, 18 (1):19-38

This article commences by describing public registers. Examples of such registers in use in Irela... more This article commences by describing public registers. Examples of such registers in use in Ireland are set out. The advantages of allowing the public access to public registers are discussed, as are the negative consequences that can arise from the provision of access. In particular, ...

(2008) Administration, 56 (1):19-55

Information &# 38; Communications …, 2009

This article commences by describing public registers. Examples of such registers in use in Irela... more This article commences by describing public registers. Examples of such registers in use in Ireland are set out. The advantages of allowing the public access to public registers are discussed, as are the negative consequences that can arise from the provision of access. In particular, ...

Public Law, 2009

Freedom of Information: Taking Account of the Circumstances of Individual Applicants Maeve McDona... more Freedom of Information: Taking Account of the Circumstances of Individual Applicants Maeve McDonagh Associate Professor of Lem', University College Cork Moira Paterson Associate Professor of Law, Monas h University 13 Australia; Comparative law; Freedom of information; ...

Public Law, 2009

Freedom of Information: Taking Account of the Circumstances of Individual Applicants Maeve McDona... more Freedom of Information: Taking Account of the Circumstances of Individual Applicants Maeve McDonagh Associate Professor of Lem', University College Cork Moira Paterson Associate Professor of Law, Monas h University 13 Australia; Comparative law; Freedom of information; ...

European Journal of Health Law

This article analyses the balance which the GDPR strikes between two important social values: pro... more This article analyses the balance which the GDPR strikes between two important social values: protecting personal health data and facilitating health research through the lens of the consent requirement and the research exemption. The article shows that the normative weight of the consent requirement differs depending on the context for the health research in question. This more substantive approach to consent is reflected in the research exemption which allows for a more nuanced balancing of interests. However, because the GDPR articulates the exemption at an abstract and principled level, in practice the balance is struck at Member State level. Thus, the GDPR increases difficulties for EU cross-border health projects and impedes the policy goal of creating a harmonised regulatory framework for health research. The article argues that in order to address this problem, the European Data Protection Board should provide specific guidance on the operation of consent in health research.

International Journal of Legal Information

There has been a high level of activity in the development of standards concerning access to publ... more There has been a high level of activity in the development of standards concerning access to public sector information in Europe in recent years. At domestic level, freedom of information (FOI) legislation has been introduced to the overwhelming majority of member states of the European Union and to a number of former Eastern bloc countries. Freedom of Information has also increased its impact at supra national level, both in terms of progress towards the development by international bodies such as the European Union and the Council of Europe of FOI norms for their Member States and with respect to the opening up of access to documents of the international institutions themselves. There is, however, considerable variation in the content and scope of the various FOI measures introduced. The aim of this paper is to assess the scope and operation of two contrasting examples of recently introduced or proposed FOI measures, namely the Irish FOI Act and the proposed Regulation on Access t...

Oxford University Commonwealth Law Journal

Journal of Information, Law and Technology - JILT, 1996

Computer Law & Security Review, 1991

SSRN Electronic Journal, 2000

SCRIPT-ed, 2009

We discuss the limitations and rights which may affect the researcher's access to and use of digi... more We discuss the limitations and rights which may affect the researcher's access to and use of digital, court and administrative tribunal based information. We suggest that there is a need for a European-wide investigation of the legal framework which affects the researcher who might wish to utilise this form of information. A Europeanwide context is required because much of the relevant law is European rather than national, but much of the constraints are cultural. It is our thesis that research improves understanding and then improves practice as that understanding becomes part of public debate. If it is difficult to undertake research, then public debate about the court system -its effectiveness, its biases, its strengths -becomes constrained.

In England and Wales, the question of access to information about deceased persons is determined ... more In England and Wales, the question of access to information about deceased persons is determined under two separate statutes: the Access to Health Records Act 1990 and the Freedom of Information Act 2000. This article examines the normative and legal issues raised by access to information about the dead and evaluates the statutory framework. It draws on philosophical and legal sources which support the claim that the dead are owed a moral and legal duty of confidence. However, it also shows that this is not an absolute duty and it identifies the public and private justifications which favor the provision of access to information about the dead. It argues that the current statutory framework is excessively restrictive and that it fails to provide an appropriate context within which interests favoring access may be considered. Accordingly, it argues that the law needs to be reformed and that a specific legislative framework dealing with access to information about the dead should be introduced. The article concludes by setting out some preliminary suggestions regarding the possible form of such a legislative framework.

An important feature of Freedom of Information (FOI) legislation is that it provides universal ri... more An important feature of Freedom of Information (FOI) legislation is that it provides universal rights of access. Individuals are able to request access to documents as of right and cannot be required to justify or provide reasons for seeking access to documents and they are not subject to any restrictions on what they can do with any documents provided to them. It follows therefore that it is generally inappropriate to consider an applicant’s identity or motives in making access decisions. However, there are a number of circumstances where an applicant’s identity or motives should logically make a difference as to whether they should be granted access. This article is concerned with the extent to which the circumstances of individual applicants can and should be taken into account in the operation of the UK FOI legislation, and draws on Australian case law to suggest a possible alternative to the current approach taken in the United Kingdom.

This article focusses on the key mechanism that is used to consider competing factors favouring d... more This article focusses on the key mechanism that is used to consider competing factors favouring disclosure or withholding of specific documents in the context of freedom of information legislation – the public interest test. It argues that the presence of a public interest test in the UK FOI Act makes a fundamental difference to its robustness but that there are aspects of both the drafting and the implementation of the public interest test in the UK Act that operate to limit its effectiveness. It compares the public interest test in the UK Act with that provided for in the Australian FOI Act and suggests that there are valuable lessons to be learned from developments in Australia where the concept of the public interest has been refined in the context of the new wave of 2nd generation FOI laws.

(2009) Information and Communcations Technology Law Journal, 18 (1):19-38

This article commences by describing public registers. Examples of such registers in use in Irela... more This article commences by describing public registers. Examples of such registers in use in Ireland are set out. The advantages of allowing the public access to public registers are discussed, as are the negative consequences that can arise from the provision of access. In particular, ...

(2008) Administration, 56 (1):19-55

Information &# 38; Communications …, 2009

This article commences by describing public registers. Examples of such registers in use in Irela... more This article commences by describing public registers. Examples of such registers in use in Ireland are set out. The advantages of allowing the public access to public registers are discussed, as are the negative consequences that can arise from the provision of access. In particular, ...

Public Law, 2009

Freedom of Information: Taking Account of the Circumstances of Individual Applicants Maeve McDona... more Freedom of Information: Taking Account of the Circumstances of Individual Applicants Maeve McDonagh Associate Professor of Lem', University College Cork Moira Paterson Associate Professor of Law, Monas h University 13 Australia; Comparative law; Freedom of information; ...

Public Law, 2009

Freedom of Information: Taking Account of the Circumstances of Individual Applicants Maeve McDona... more Freedom of Information: Taking Account of the Circumstances of Individual Applicants Maeve McDonagh Associate Professor of Lem', University College Cork Moira Paterson Associate Professor of Law, Monas h University 13 Australia; Comparative law; Freedom of information; ...

European Journal of Health Law

This article analyses the balance which the GDPR strikes between two important social values: pro... more This article analyses the balance which the GDPR strikes between two important social values: protecting personal health data and facilitating health research through the lens of the consent requirement and the research exemption. The article shows that the normative weight of the consent requirement differs depending on the context for the health research in question. This more substantive approach to consent is reflected in the research exemption which allows for a more nuanced balancing of interests. However, because the GDPR articulates the exemption at an abstract and principled level, in practice the balance is struck at Member State level. Thus, the GDPR increases difficulties for EU cross-border health projects and impedes the policy goal of creating a harmonised regulatory framework for health research. The article argues that in order to address this problem, the European Data Protection Board should provide specific guidance on the operation of consent in health research.

International Journal of Legal Information

There has been a high level of activity in the development of standards concerning access to publ... more There has been a high level of activity in the development of standards concerning access to public sector information in Europe in recent years. At domestic level, freedom of information (FOI) legislation has been introduced to the overwhelming majority of member states of the European Union and to a number of former Eastern bloc countries. Freedom of Information has also increased its impact at supra national level, both in terms of progress towards the development by international bodies such as the European Union and the Council of Europe of FOI norms for their Member States and with respect to the opening up of access to documents of the international institutions themselves. There is, however, considerable variation in the content and scope of the various FOI measures introduced. The aim of this paper is to assess the scope and operation of two contrasting examples of recently introduced or proposed FOI measures, namely the Irish FOI Act and the proposed Regulation on Access t...

Oxford University Commonwealth Law Journal

Journal of Information, Law and Technology - JILT, 1996

Computer Law & Security Review, 1991

SSRN Electronic Journal, 2000

SCRIPT-ed, 2009

We discuss the limitations and rights which may affect the researcher's access to and use of digi... more We discuss the limitations and rights which may affect the researcher's access to and use of digital, court and administrative tribunal based information. We suggest that there is a need for a European-wide investigation of the legal framework which affects the researcher who might wish to utilise this form of information. A Europeanwide context is required because much of the relevant law is European rather than national, but much of the constraints are cultural. It is our thesis that research improves understanding and then improves practice as that understanding becomes part of public debate. If it is difficult to undertake research, then public debate about the court system -its effectiveness, its biases, its strengths -becomes constrained.

In England and Wales, the question of access to information about deceased persons is determined ... more In England and Wales, the question of access to information about deceased persons is determined under two separate statutes: the Access to Health Records Act 1990 and the Freedom of Information Act 2000. This article examines the normative and legal issues raised by access to information about the dead and evaluates the statutory framework. It draws on philosophical and legal sources which support the claim that the dead are owed a moral and legal duty of confidence. However, it also shows that this is not an absolute duty and it identifies the public and private justifications which favor the provision of access to information about the dead. It argues that the current statutory framework is excessively restrictive and that it fails to provide an appropriate context within which interests favoring access may be considered. Accordingly, it argues that the law needs to be reformed and that a specific legislative framework dealing with access to information about the dead should be introduced. The article concludes by setting out some preliminary suggestions regarding the possible form of such a legislative framework.

An important feature of Freedom of Information (FOI) legislation is that it provides universal ri... more An important feature of Freedom of Information (FOI) legislation is that it provides universal rights of access. Individuals are able to request access to documents as of right and cannot be required to justify or provide reasons for seeking access to documents and they are not subject to any restrictions on what they can do with any documents provided to them. It follows therefore that it is generally inappropriate to consider an applicant’s identity or motives in making access decisions. However, there are a number of circumstances where an applicant’s identity or motives should logically make a difference as to whether they should be granted access. This article is concerned with the extent to which the circumstances of individual applicants can and should be taken into account in the operation of the UK FOI legislation, and draws on Australian case law to suggest a possible alternative to the current approach taken in the United Kingdom.

This article focusses on the key mechanism that is used to consider competing factors favouring d... more This article focusses on the key mechanism that is used to consider competing factors favouring disclosure or withholding of specific documents in the context of freedom of information legislation – the public interest test. It argues that the presence of a public interest test in the UK FOI Act makes a fundamental difference to its robustness but that there are aspects of both the drafting and the implementation of the public interest test in the UK Act that operate to limit its effectiveness. It compares the public interest test in the UK Act with that provided for in the Australian FOI Act and suggests that there are valuable lessons to be learned from developments in Australia where the concept of the public interest has been refined in the context of the new wave of 2nd generation FOI laws.

"This is a comparative survey of the international experience of equality legislation prohibiting... more "This is a comparative survey of the international experience of equality legislation prohibiting discrimination in employment on four grounds: (1) socio-economic status (including social origin); (2) trade union membership; (3) criminal conviction/ex-offender/ex-prisoner and (4) political opinion. The jurisdictions covered in the survey are: Australia, Canada, New Zealand, Great Britain, Northern Ireland and the Netherlands.
Report produced for Department of Justice, Equality and Law Reform, Dublin, Ireland."