Scientology internal comms

Our ref: F09/2198/EH

Dear Mr Thackeray

Information Request

Thank you for your email of 7 April 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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Our ref: IAT/F09/2198/EH

Dear Mr Thackeray

Thank you for your email below. Your request has been considered in accordance with the Freedom of Information Act 2000 (FOIA).

We believe that to provide the information requested would cost in excess of the 'appropriate limit' set by The Freedom of Information (Fees and Appropriate Limit) Regulations 2004.

Section 12 of the FOIA allows a public authority not to undertake a search for the information requested where they estimate that the cost of complying with the request would exceed the 'appropriate limit'. The Freedom of Information (Fees and Appropriate Limit) Regulations 2004 set the 'appropriate limit' at £450 for public authorities such as the GMC. This is equivalent to 18 hours work and is based on a rate of £25 per hour. In estimating cost the public authority can take into account the cost of determining, locating, retrieving and extracting the information requested. We reserve the right to refuse requests that would cost in excess of this limit and will significantly impact on our business.

We do have a recently implemented electronic system we are able to search. In relation to information held by our Fitness to Practise Directorate, this has been stored electronically since April 2006. Only internal correspondence created after this date may be identifiable via an electronic search. However, there are limitations in that identifying the correspondence would rely on the search term being replicated in the correspondence, or in the brief description stored with the item. For example, if the correspondence mainly refers to a particular case, it may not contain the word 'Scientology' or the organisation's full name.

In relation to correspondence held elsewhere within the GMC, certain directorates have moved to our electronic system at different stages over the past three years. We are able to perform a 'key word' search; however the same limitations exist with regards to search terms as explained above. In addition, our search capacity does not extend to documents which have been scanned on to the system (we have had a program in place that resolves this issue in relation to Fitness to Practise documents only since February 2009).

We are therefore not able to identify all internal correspondence relating to Scientology organisations within the past 5 years from a purely electronic search.

We have been able to identify some material held within the Fitness to Practise Directorate which may be relevant to your request. However, without reviewing all documents held within the possible cases identified we cannot confirm whether we hold any internal communications of the nature specified in your request. However, please note that due to the limitations of an electronic search we would not be able to confirm that we had located all relevant information.

You are already aware that we hold some internal correspondence relating to a panel member and a Scientology organisation; we have already addressed your request for this information.

We also hold internal correspondence relating to your previous requests concerning Scientology. If you wish to specifically request this information please let me know.

In addition to the limitations faced with regards to electronic searches, in relation to any information held in paper form we would need to review all information held by the GMC in the past 5 years. We currently have 14,783 boxes of material at an off-site storage location, which were sent for archiving after April 2004. All boxes would need to be reviewed as part of the search.

Due to the extensive nature of the search required to identify the information you request, we estimate that to determine, locate and retrieve the information requested would cost us in excess of the 'appropriate limit' to process. We are obliged to provide you with a calculation of the time that would be spent in determining, locating and retrieving the information requested. For the reasons explained above this is not a straightforward calculation. For illustrative purposes, my calculation is based only on information held in paper form. The calculation being 14,783 boxes multiplied by 30 minutes per box, to assess the data contained within, equals 7,391.5 hours; vastly in excess of the appropriate limit.

Consequently the information you request is exempt under section 12 of the FOIA. As such we do not believe that we are required to comply with your request for this information, and in accordance with the requirements of the FOIA this letter acts as a refusal notice.

I am sorry I could not be more helpful in response to your request. You do have the right of appeal against this decision. If you wish to appeal please set out in writing your grounds of appeal, and send to Julian Graves, Information Access Manager, at the address above. You also have a further right of appeal to the Information Commissioner. If necessary, Mr Graves will provide you with the relevant contact details.

Yours sincerely

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

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Our ref: F09/2261/EH

Dear Mr Thackeray

Information Request

Thank you for your email of 11 May 2009 in which you revise your earlier
request for 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

I write further to your request below.

We are aware that we have now exceeded the statutory 20 working day
timescale for response. We are currently considering the application of
the public interest test and expect to be in a position to respond to
you during the week commencing 29 June 2009.

Please accept our sincere apologies for the delay in responding to your
request.

Yours sincerely

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

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Our ref: F09/2261/EH

Dear Mr Thackeray

I write further to your email of 10 July 2009.

Please note that we are currently considering the application of the
public interest test in respect of the data involved and will look to
respond to you as soon as possible.

Once again please accept our sincere apologies for the delay in responding
to this request.

Yours sincerely

Janet Maclean

Information Access Team Administrator

0161 923 6324

[email address]

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Our ref: F09/2261/EH

Dear Mr Thackeray

I refer to your request of 11 May 2009. Please accept my sincere apologies
for the lengthy delay in responding to you on this matter.

In your request, addressed to my colleague Elizabeth Hiley, you asked for
copies of internal communications within the Fitness to Practise
Directorate of the GMC relating to Scientology organisations.

I can confirm that we do hold communications which fit the description of
your request. However we believe that this information is exempt from the
access provisions of the Freedom of Information Act 2000 (FOIA). The
exemption that we believe applies is:

Section 31(1)(g) leading to (2)(d) - Law Enforcement - This relates to
information requested which, if disclosed, would be likely to prejudice
our regulatory function of ascertaining whether circumstances exist which
would justify regulatory action. This exemption is `qualified' which means
that it is subject to a public interest test. In this instance we believe
that the public interest lies in maintaining the exemption rather than
disclosing the information.

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 them to Julian
Graves, Information Access Manager, at the address at the bottom of this
email, or email [email address]

Yours sincerely

Janet Maclean

Information Access Team Administrator

0161 923 6324

[email address]

General Medical Council

5^th Floor, St James's Buildings

79 Oxford Street

Manchester

M1 6FQ

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

Thank you for your email below.

This matter will receive my attention in line with the GMC Comments and
Complaints Procedure for Subject Access and Information Requests. This
sets a target 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

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I will be not be in the office again until Friday 28 August 2009. I will
not have access to emails in the meantime.
Should the matter be urgent, please contact either Elizabeth Hiley on 0161
923 6314 (email: [email address]) or Louise Gormley on 0161 923 6311
([email address]). Alternatively I will deal with your email on my
return.

Many thanks

Julian Graves
Information Access Manager
General Medical Council

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

Thank you for your additional comments.

I will take account of these when considering this matter.

Yours sincerely

Julian Graves
Information Access Manager
General Medical Council

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Dear Mr Thackeray

Further apologies for my delay in responding.

I expect to be in a position to respond on this one in the very near
future.

Yours sincerely

Julian Graves
Information Access Manager
General Medical Council

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Dear Mr Thackeray

I'm sorry that it has taken me so long to respond to you on this matter.

Having reviewed the documents withheld, I am satisfied that they are
appropriate for disclosure to you in redacted form. I have duly attached
these in their redacted form for your perusal. In terms of the
redactions, I believe that these sections are exempt from the access
provisions of the FOIA for the following reasons:

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. This exemption applies to the
identities of the doctors referred to within these documents.

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. This relates to information supplied to us by the third parties
involved in the complaints in question.

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).

Section 42 - Legal Professional Privilege. This relates to information
in respect of which a claim to legal professional privilege could be
maintained in legal proceedings. In this case the advice contained in
the 'investigation plan' constitutes legal advice.

This exemption from disclosure is subject to a public interest test. In
this instance we believe that the public interest lies in maintaining
the exemption rather than disclosing the information on the basis that
both lawyers and clients have a right to expect that legal advice can be
freely sought and given without an expectation that public disclosure
may subsequently be made.

You do, as you know, have the right to complain to the Information
Commissioner should you remain dissatisfied with my response on this
matter.

Yours sincerely

Julian Graves
Information Access Manager
General Medical Council

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