The High Court was told yesterday that if it granted an application by tobacco companies for access to the medical records of smokers who have taken actions against them it would violate the smokers' constitutional rights to privacy.
Mr Martin Giblin SC, for a number of plaintiffs, said their right to privacy would be breached because the companies would seize all the plaintiffs' records, including those which were not relevant to the claims.
Yesterday was the second day of the hearing of applications by Benson and Hedges, P.J. Carroll and Co Ltd and John Player and Sons Ltd for orders that they be provided with the medical records of a number of individuals who are suing them.
It was stated that the applications were almost identical to those in other actions for hearing later. The companies say that, although notice of the actions had been served on them some years ago, statements of claim had not been lodged. They feared, as time passed, the medical records would be lost or destroyed.
The plaintiffs argue that the discovery applications relating to the medical records should be dealt with at the close of the pleadings and contend this is the normal procedure.
Mr Giblin said the defendant companies were not availing of well-established procedures for the disclosure of information.
Evidence on the urgency of the application had come in affidavits from two English consultants, but there was not a scintilla of evidence these had ever "darkened the door" of a hospital or general practitioner here, counsel said.
All their qualifications and experience related to British medical facilities. There was no evidence that they knew anything of procedures for the retention or disposal of medical records in Ireland.
Mr Paul Sreenan SC, for one of the companies, said it would take time to collect the medical records, and the sooner the task was started the sooner the cases could come to trial.
The hearing continues.