GMC agreement with the DVLA on confidentiality

Robert LLwellyn made this Freedom of Information request to General Medical Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

Robert LLwellyn

Dear General Medical Council,

DVLA statement to doctors: “The GMC and BMA have given their agreement that the DVLA is no longer required to provide the patients written consent. This is in-line with GMC guidance on confidentiality (para 34(b)), which states that doctors can accept assurance from an officer of a government agency that the patient has given consent. Therefore, as an officer of the government I offer my assurance that you patient has provided the department with their consent to disclose this information”

In their endorsement to the DVLA, what have the GMC done to ensure what the patient believes they have consented to is the same as what the doctors believe they have implied consent to divulge about their patients medical data.

Yours faithfully

FOI, General Medical Council

Thank you for getting in touch. Please note this is an automated email.

 

We’ll get back to you as soon as we can with a further acknowledgement.
You’ll usually hear from us on the next working day, but it might take a
little longer during busy periods.

 

In the meantime, if you want any further information about the GMC, please
visit our website.

 

 

Thank you

 

Information access team

General Medical Council

Email: [GMC request email]

Telephone: 0161 923 6365

Working with doctors Working for patients

The General Medical Council helps to protect patients and improve medical
education and practice in the UK by setting standards for students and
doctors. We support them in achieving (and exceeding) those standards, and
take action when they are not met.

show quoted sections

FOI, General Medical Council

Dear Mr Llwellyn,

Your information request - F19/10257/MM

Thank you for your email dated 4 July,  in which you ask information about
the GMC agreement with the DVLA on confidentiality

 

How we will consider your request

You’ve asked that we consider your request under the Freedom of
Information Act 2000 (FOIA). The FOIA gives us 20 working days to respond,
but we’ll come back to you as soon as we can.

 

Who to contact

Matt McCoig-Lees will be handling your request. If you have any questions
you can call him on 0161 923 6579 or email him at
[1][email address].

 

Yours sincerely

 

Lauren Barrowcliffe
Information Access Team Assistant

 

[2][email address]

0161 240 8356

General Medical Council

3 Hardman Street

Manchester

M3 3AW

 

 

show quoted sections

Matthew McCoig-Lees (0161 923 6579), General Medical Council

Dear Mr Llwellyn

 

I write further to previous correspondence with a substantive response
under the Freedom of Information Act 2000 (FOIA)

 

Before I provide my formal response I should explain that  in responding
to a request, a public authority must firstly confirm whether the
information requested is held, and secondly, if it is held, provide it,
subject to a number of exemptions and caveats.

 

Unless the specific explanation or confirmation requested already exists
as recorded information held by the public authority, for the purposes of
the FOIA the information will not be held. In relation to your request, my
formal response under the FOIA is that there is no information held.

 

Outside the remit of the FOIA you may like to know that paragraphs 115
-116 of our publication on confidentiality sets out the guidance for
doctors on disclosing personal information to third parties, such as a
government department, employers and insurers. Subsection ‘b’  explains
that a doctor ‘may  accept an assurance from an officer of a government
department or agency, or a registered health professional acting on their
behalf, that the patient … has consented.’

 

The aim of this provision is to reduce the need for patients to keep
providing the same information to different organisations.  However, it is
important to make clear that a doctor doesn’t necessarily need to accept
such an assurance. This is why we use the terminology ‘may’ in our
guidance.)  A doctor could judge that he or she needs to take steps to
assure him or herself that consent has, indeed, been given by the patient
in order to ensure that no improper disclosure takes place.

 

I hope you find this helpful.

 

If you have any comments on how I have processed your request please email
[1][email address].

 

Kind Regards

 

Matt

 

Matthew McCoig-Lees

Information Access Officer

Information Access Team

General Medical Council

3 Hardman Street

Manchester

M3 3AW

Email: [2][email address]

Website: [3]www.gmc-uk.org

Tel: 0161 923 6579

 

From: FOI
Sent: 04 July 2019 13:37
To: '[FOI #587010 email]'
<[FOI #587010 email]>
Subject: RE: Freedom of Information request - GMC agreement with the DVLA
on confidentiality

 

Dear Mr Llwellyn,

Your information request - F19/10257/MM

Thank you for your email dated 4 July,  in which you ask information about
the GMC agreement with the DVLA on confidentiality

 

How we will consider your request

You’ve asked that we consider your request under the Freedom of
Information Act 2000 (FOIA). The FOIA gives us 20 working days to respond,
but we’ll come back to you as soon as we can.

 

Who to contact

Matt McCoig-Lees will be handling your request. If you have any questions
you can call him on 0161 923 6579 or email him at
[4][email address].

 

Yours sincerely

 

Lauren Barrowcliffe
Information Access Team Assistant

 

[5][email address]

0161 240 8356

General Medical Council

3 Hardman Street

Manchester

M3 3AW

 

 

show quoted sections