Fitness to practise panel: Cosgrove / Scientology

Our ref: F09/2121/EH

Dear Mr Thackeray

Information Request

Thank you for your e-mail of 5 March 2009 in which you request information
in accordance with the provisions of the Freedom of Information Act 2000
(FOIA).

We will consider your request and you will normally receive the
information you seek within the 20 working day limit set by the FOIA.

The FOIA lists a number of exemptions that may prevent the release of
part, or all, of the information that you have requested. We will make an
assessment of the requested information and if it is subject to an
exemption you will be informed of this, together with details of your
right of appeal.

Your request has been allocated to Elizabeth Hiley. If you have any
queries concerning your request you can contact Ms Hiley on 0161 923 6314
or email [email address]

Yours sincerely

Janet Maclean

Information Access Team Administrator

0161 923 6324

[email address]

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Dear Mr Thackeray

Attached are three of the four remaining exhibits. The final exhibit is
too large to send via email.

The final exhibit is the 'Foster Report, Enquiry into the Practice and
Effects of Scientology'. This is exhibit D3. It is available via the
following link: http://www.cs.cmu.edu/~dst/Cowen/audit/f....

Yours sincerely

Elizabeth Hiley

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Our ref: IAT/F09/2121/EH

Dear Mr Thackeray

I write further to your email below. Your request has now been
considered in accordance with the Freedom of Information Act 2000
(FOIA).

Please note that due to the file size of the attachments I cannot send
all this information via one email, therefore a further email will
follow.

In relation to the exhibits presented to the Professional Conduct
Committee in the case of Dr Cosgrove, I have attached those exhibits
which we consider we are able to provide to you in accordance with the
FOIA. These exhibits relate to the 2004 hearing.

In relation to the remaining exhibits of the 2004 hearing, and all
exhibits of the 2005 hearing, we believe that two exemptions listed in
the FOIA apply. Therefore, in accordance with the FOIA, this email acts
as a refusal notice in respect of your request for this information. The
exemptions we believe apply are:

Section 40(2) by virtue of section 40(3)(a)(i) - Personal information of
a third party. This relates to information requested which relates to a
third party, and the disclosure of which would be in breach of the
Principles of the Data Protection Act 1998 (DPA). In this instance we
believe that the disclosure of this type of information would breach the
First Principle of the DPA, which requires that the processing of
personal data is fair and lawful.

Section 41 - Information provided in confidence. This relates to
information supplied to the GMC by any person, the disclosure of which
would constitute a breach of confidence actionable by that or any other
person.

A small amount of information has been redacted from the attached
exhibits. We believe the exemption contained at section 40(2), as set
out above, applies to this information.

These exemptions are absolute, which means that they are not subject to
a public interest test (in order to assess if the public interest is
greater served by disclosing the information than maintaining the
exemption).

You have also requested the "notes from the Legal Advisor to Counsel".
Section 1(1)(a) of the FOIA states that any person making a request for
information to a public authority is entitled to be informed whether
information of the description specified in the request is held. I can
confirm that we do not hold the information requested.

I am sorry I could not fully meet your request. You have the right of
appeal against this decision. If you wish to appeal please set out in
writing your grounds, and send to Julian Graves, Information Access
Manager, [email address]. You also have the right of appeal to the
Information Commissioner, the independent regulator of the FOIA. If
appropriate, Mr Graves will provide the relevant contact details.

Yours sincerely

Elizabeth Hiley
Information Access Officer
Tel no: 0161 923 6314
Email: [email address]

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Dear Mr Thackeray

Thank you for your email below requesting an internal review of the
handling of your FOI request. I will consider this matter under our
comments and complaints procedure for information requests. This sets a
target response time of 20 working days from receipt. I will endeavour
to respond to you within this timeframe.

Yours sincerely

Julian Graves
Information Access Manager
General Medical Council
Tel. no: 0161 923 6351
Email: [email address]

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Our ref: F09/2121/EH

Dear Mr Thackeray

Thank you for your email below.

I have now had the opportunity to consider your appeal.

I am able to confirm that the exhibits are not regarded as public domain
documents nor do they form part of the public record of the hearing.
Whilst they would be available to the individuals involved in the Panel
hearing, they would not be distributed or indeed available to any other
interested parties or public/press attending the hearing.

I have reviewed all the documents concerned and feel that it would be
appropriate to provide you with an anonymised version of the exhibits
list provided at Dr Cosgrove's hearings in both 2004 and 2005.
Redactions have been applied to these documents to avoid identifying any
third party connected with the hearing and as such I rely on the
personal data exemption at S40(2) leading to 40(3)(a)(i) to justify
these redactions. A copy of the exhibit lists are attached above.

I have also identified the formal determination from the 2004 hearings.
This forms part of the exhibit included under C1 of the 1 July 2005
hearing. I have not provided you with a further copy of this
determination on the basis that it was previously provided to you under
cover of one of your previous requests (F09/2058/EH). If you do require
a further copy of this determination please let me know.

In terms of the remainder of the exhibits themselves, I believe that
they are all exempt from the access provisions of FOIA by dint of the
exemptions previously quoted by Ms Hiley; that is to say the 'personal
data' exemption at S40(2) leading to 40(3)(a)(i) and the 'information
provided in confidence' exemption at S41(1). I believe that disclosure
of these data would result in a breach of principle 1 of the data
protection principles on the basis that disclosure would not be 'fair
and lawful'. There would be no expectation of the part of any of the
third parties that these documents would be distributed beyond those
individuals directly involved in the hearing itself. I have considered
the potential for these documents to be anonymised but do not feel that
this is possible. As you are aware from Ms Hiley's response, both these
exemptions are 'absolute'; that is to say they are not subject to a
public interest test.

If you remain dissatisfied with my response on this matter you do have
the right of complaint to the Information Commissioner, the regulator of
the FOIA. I believe that you are already aware of their contact details.

Yours sincerely

Julian Graves
Information Access Manager
General Medical Council
6th Floor
St James's Buildings
79 Oxford Street
Manchester
M1 6FQ

Tel. no: 0161 923 6351
Email: [email address]

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Our ref: F09/2121/EH

ICO ref: FS50248766

Dear Mr Thackeray

As you are aware we have been in further discussion with the Information
Commissioner's Office regarding this request. It has been agreed that
further information can be supplied to you. This is included in the
attached PDF.

Yours sincerely

Julian Graves
Information Access Manager
General Medical Council
5th Floor
St James's Buildings
79 Oxford Street
Manchester
M1 6FQ
Tel. no: 0161 923 6351
E-Mail: [email address]

Unless otherwise expressly agreed by the sender of this email, this
communication may contain privileged or confidential information which is
exempt from disclosure under UK law. This email and its attachments may
not be used or disclosed except for the purpose for which it has been
sent.

If you are not the addressee or have received this email in error, please
do not read, print, re-transmit, store or act in reliance on it or any
attachments. Instead, please email the sender and then immediately delete
it.

General Medical Council

St James Building, 79 Oxford Street, Manchester, M1 6FQ

Regents Place, 350 Euston Road, London, NW1 3JN

The Tun, 4 Jacksons Entry, Holyrood Road, Edinburgh, EH8 8AE

Regus House, Falcon Drive, Cardiff Bay, CF10 4RU

9th Floor, Bedford House, 16-22 Bedford Street, Belfast, BT2 7FD

The GMC is a charity registered in England and Wales (1089278) and
Scotland (SC037750)

Dear Mr Thackeray

We continue to believe that the documents to which you refer below
should be exempt from disclosure. We consider that they contain personal
information relating to other individuals.

I have copied the Information Commissioner's Office into this exchange
for their information.

Yours sincerely

Julian Graves
Information Access Manager
General Medical Council

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