13 July 2016, Local government (Other)
The complainant has requested the name and particular qualifications of a case examiner associated with a complaint he had submitted to the General Medical Council (GMC). The GMC responded to the request under both the FOIA and the Data Protection Act (DPA). Under section 40(5)(b)(i) of the FOIA, the GMC refused to confirm or deny it holds the requested information, advising that to do so would contravene the DPA. The Commissioner’s decision is that the GMC correctly applied section 40(5)(b)(i) to the request because to confirm or deny it held the information would breach one of the data protection principles. The Commissioner does not require the GMC to take any steps. This decision notice is currently under appeal to the Tribunal.
FOI 40: Not upheld