Scientology: CCHR: Brightmore

28 August 2009

F09/2471/LG

Dear Mr Thackeray

Information Request

Thank you for your e-mail of 27 August 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 Ms Louise Gormley. If you have any
queries concerning your request you can contact Ms Gormley on 0161 923
6311 or e-mail: [1][email address]

Yours sincerely

Miss Jenny Caunce

Temporary Information Access Team Administrator

0161 923 6305

[email address]

General Medical Council

5th Floor

St. James' Buildings

79 Oxford Street

Manchester

M1 6FQ

show quoted sections

Our reference: F09/2471/LG

Dear Mr Thackeray

Thank you for your email dated 27 August 2009, in which ask for the name
of the GMC Official who allocated Mr C Brightmore to the FTP Panel
Hearing of Dr Cosgrove.

Documentation regarding the allocation of this hearing has not been
retained, therefore as per section 1(1)(a) of FOIA we do not hold the
information requested.

If you have any queries or concerns regarding the processing of your
request please contact Julian Graves, Information Access Manager, at the
address at the bottom of this email, or email [email address]

Kind regards
Louise Gormley
Information Access Officer
Registration Directorate

Direct Line: 0161 923 6311
Email: [email address]
Website: www.gmc-uk.org
Address: Information Access Team
General Medical Council
St James Buildings
79 Oxford Street
Manchester
M1 6FQ

show quoted sections

22 September 2009

Our ref: F09/2502/ME

Dear Mr Thackeray

Information Request

Thank you for your e-mail of 21 September 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 Mr Mark Ellen. If you have any queries
concerning your request you can contact Mr Ellen on 0161 923 6347 or
e-mail: [1][email address]

Yours sincerely

Miss Jenny Caunce

Temporary Information Access Team Administrator

0161 923 6365

[email address]

General Medical Council

5^th Floor

St. James' Buildings

79 Oxford Street

Manchester

M1 6FQ

show quoted sections

Dear Mr Thackeray

Request under the Freedom of Information Act 2000 (FOIA).

Reference ME/F09/2502

I refer to your e-mail of 21 September 2009 addressed to my colleague,
Louise Gormley. In that e-mail you ask for a list of officials who may
have been responsible for the allocation of Mr Brightmore to the FTP Panel
Hearing of Dr Cosgrove.

I can confirm that I have been able to identify 5 individuals who worked
in the area of Fitness to Practise empanelment at the time and who may
have allocated Mr Brightmore to this Panel. I consider, however, that the
identities of these staff are exempt from disclosure under the FOIA. In
accordance with the FOIA this letter acts as a refusal notice in respect
of your request. The exemption that applies is:

Section 40(2) by virtue of Section 40(3)(a)(i) - Personal Information.
This relates to information requested which is about 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, which
requires that the processing of data is fair and lawful.

This exemption is absolute which means that it is 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).

As you are aware, you have the right of appeal against this decision. If
you wish to appeal please set out in writing your grounds of appeal, and
send it to Julian Graves, Information Access Manager; e-mail:
[1][email address] . As you are also aware, you have a further right of
appeal to the Information Commissioner. If applicable, Mr Graves will
provide you with the contact details of the Information Commissioner.

Yours sincerely

Mark Ellen

Information Access Team

Registration and Resources Directorate

Direct Line: 0161 923 6347, 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)

References

Visible links
1. mailto:[email address]

Dear Mr Thackeray

With regard to your email below, I can confirm that this matter will be
considered under the GMC's Comments and Complaints Procedure for Subject
Access and Information Requests. This sets a response time of 20 working
days. I will endeavour to respond to you within this timeframe.

Yours sincerely

Julian Graves

Information Access Manager

General Medical Council

show quoted sections

Dear Mr Thackeray

Thank you for your email below and my apologies for the delay in
responding.

I have now had the opportunity to review this matter.

I can confirm that we believe that the S40(2) exemption applies to the
identities of the staff members as opposed to Mr Brightmore. I'm sorry
that we didn't make that clearer in our initial response.

We continue to believe that the exemption does apply to the requested
information. I would refer you to a recent decision notice published by
the Information Commissioner, link below:

[1]http://www.ico.gov.uk/upload/documents/d...

We believe that this relates to a similar scenario and the principles
applied by the Information Commissioner in reaching their decision could
equally apply to this matter.

As you are aware you do have a further right of complaint to the
Information Commissioner, should you remain dissatisfied with my response
on this matter.

Yours sincerely

Julian Graves
Information Access Manager
General Medical Council

show quoted sections