6 December 2017, Local government (Other)
The complainant has requested information about the number of complaints made against a specific surgeon. The GMC states that under section 40(5)(b)(i) of the FOIA it is not obliged to confirm or deny that it holds the requested information as to do so would disclose personal data of a third person which would breach the first principle of the Data Protection Act (DPA). The Commissioner’s decision is that the General Medical Council (GMC) has correctly relied on section 40(5)(b)(i) of the FOI. The Commissioner does not require the GMC to take any steps as a result of this decision notice.
FOI 40: Not upheld