Freedom of Information Team
Department of Health and Social Care
39 Victoria Street
London SW1H 0EU
www.gov.uk/dhsc
Kirrien Wilson
By email to
: xxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
30 September 2024
Annex A: DHSC response to initial request
Annex B: Request for internal review
Dear Kirrien Wilson,
FREEDOM OF INFORMATION ACT 2000 (FOIA): INTERNAL REVIEW
CASE REFERENCE: IR-1530006 (FOI-1522711)
You originally wrote to the Department of Health and Social Care (DHSC) on 6 August
requesting information relating to Dr Wahid Asif Shaida. We responded to you on
30 August and a copy of our response, including the full text of your request, can be found
in Annex A.
You subsequently emailed DHSC on 2 September requesting an internal review into the
handling of your original request. A copy of your email can be found in Annex B.
The purpose of an internal review is to assess how your Freedom of Information (FOI)
request was handled in the first instance and to determine whether the original decision
given to you was correct. This is an independent review as I was not involved in the
original decision.
The Department has undertaken an internal review of its decision in relation to your
request under the Freedom of Information Act (FOIA) and has decided to uphold its
original decision to neither confirm nor deny whether it holds the information you have
requested.
By virtue of section 40(5B) of the FOIA, the duty to confirm or deny does not arise in
relation to personal data if, or to the extent that, this would contravene any of the data
protection principles in Article 5(1) UK GDPR.
Those principles include the principle that personal data shall be processed lawfully, fairly
and in a transparent manner. For personal data to be processed lawfully, there would need
to be a lawful basis for processing under Article 6 UK GDPR.
In reaching our decision, we have considered the points you raise about UK GDPR lawful
bases which we assume are referring to Article 6(1)(d) (processing necessary in order to
protect vital interests) and (e) (processing necessary for performance of a task in the
public interest) of the UK GDPR. We have also considered Article 6(1)(f) (processing
necessary for purposes of legitimate interests).
We do not consider any of these (or other provisions of Article 6) to provide a lawful basis
for processing in this case.
In relation to Article 6(1)(d), Recital 46 to the UK GDPR provides that the processing of
personal data should also be regarded to be lawful where it is necessary to protect an
interest which is essential for the life of the data subject or that of another natural person. It
goes on to state that processing of personal data based on the vital interest of another
natural person should in principle take place only where the processing cannot be
manifestly based on another legal basis.
As guidance from the ICO sets out, it is clear from Recital 46 that vital interests are
intended to cover only interests that are essential for someone’s life and hence this lawful
basis is very limited in scope, and generally only applies to matters of life and death. The
Department does not consider this threshold to have been met here.
The Department does not consider that the processing is necessary for the performance of
a task in the public interest or for purposes of legitimate interests either.
In particular, whilst there might be a legitimate interest in the public knowing “who the
dangers to the public are” as you say, confirmation or denial by the Department as to
whether it holds information on investigation by the GMC against a particular doctor is not
reasonably necessary for pursuing that interest, and there are other means of achieving
this which are less intrusive.
Notably, the GMC publishes information about enforcement actions and sanctions in
relation to medical doctors in the UK, see
Hearings and decisions landing - GMC (gmc-
uk.org). This provides information about enforcement actions and sanctions that have
taken place and is a more accurate way of providing such information to the public than
disclosure of the existence of investigations into complaints.
The decision that the Department is unable to confirm or deny whether it holds the
information you have requested therefore still stands.
The following information might also be helpful:
• The GMC also publishes professional standards and guidance on its investigatory
procedures. This information includes:
Good medical practice - professional
standards - GMC (gmc-uk.org), Personal beliefs and medical practice - professional
standards - GMC (gmc-uk.org), How we investigate concerns - GMC (gmc-uk.org),
and Fitness to practise explained - GMC (gmc-uk.org).
• The Medical Practitioners Tribunal Service publishes information regarding hearings
and decisions a
t Home - MPTS (mpts-uk.org).
• The GMC publishes details regarding doctors on their medical register a
t The
medical register - GMC (gmc-uk.org).
Conclusion
After careful consideration, I have concluded that the response you received to your FOI
request was compliant with the requirements of the FOIA.
The review is now complete.
If you are not content with the outcome of your complaint, you may apply directly to the
Information Commissioner’s Office (ICO) for a decision. Generally, the ICO cannot make a
decision unless you have exhausted the complaints procedure provided by DHSC.
Guidance on contacting the ICO can be found a
t https://ico.org.uk/global/contact-us and
information about making a complaint can be found a
t https://ico.org.uk/make-a-complaint. Yours sincerely,
Mr D Stanton
FOI Internal Reviews
xxxxxxxxxxxxxxxxxxxx@xxxx.xxx.xx
Annex A: DHSC response to initial request
Kirrien Wilson
By email to: xxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
30 August 2024
Dear Kirrien,
Freedom of Information Request Reference FOI-1522711
Thank you for your request dated 6 August to the Department of Health and Social Care
(DHSC), a copy of which can be found in the accompanying annex.
Your request has been handled under the Freedom of Information Act 2000 (FOIA). For
ease, we have broken down your questions as follows:
Information held by DHSC into investigations carried out by the General Medical
Council (GMC) relating to Dr Wahid Asif Shaida and his views.
We are unable to confirm or deny whether DHSC holds the information you have
requested under section 40(5B)(a)(i) of the FOIA.
Section 40(5) of the FOIA provides exemptions from the duty to confirm or deny whether
requested information is held if to do so would disclose personal data. Due to the nature of
the requested information, confirming or denying whether the requested information is
held, and releasing it if it were, would result in information being attributed to an
individual(s), which would contravene one of the data protection principles under Article
5(1)(a) of the UK General Data Protection Regulations.
If investigations have been completed, why Dr Wahid Asif Shaida’s license to
practice medicine has not been suspended.
DHSC does not hold this information.
However, if you have not already done so, you may wish to contact the General Medical
Council (GMC) which may hold information relevant to your request. The GMC can be
contacted at the following link:
Accessing information - GMC (gmc-uk.org).
If you are not satisfied with the handling of your request, you have the right to appeal by
asking for an internal review. This should be sent to xxxxxxxxxxxxxxxxxxxx@xxxx.xxx.xx or
to the address at the top of this letter and be submitted within two months of the date of
this letter.
Please remember to quote the reference number above in any future communication.
If you are not content with the outcome of your internal review, you may complain directly
to the Information Commissioner’s Office (ICO). Generally, the ICO cannot make a
decision unless you have already appealed our original response and received our internal
review decision. You should raise your concerns with the ICO within three months of your
last meaningful contact with us.
Guidance on contacting the ICO can be found a
t https://ico.org.uk/global/contact-us and
information about making a complaint can be found a
t https://ico.org.uk/make-a-complaint.
Yours sincerely,
Freedom of Information Team
xxxxxxxxxxxxxxxxxxxx@xxxx.xxx.xx
Annex
From: Kirrien Wilson <xxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx>
Sent: Tuesday, August 6, 2024 12:59 AM
To: FreedomofInformation <xxxxxxxxxxxxxxxxxxxx@xxxx.xxx.xx>
Subject: Freedom of Information request - Information relating to investigation into Wahid
Asif SHAIDA
Dear Department of Health and Social Care,
Dr Wahid Asif SHAIDA (GMC Registration Number: 3350854) is a GP registered with the
General Medical Council and practices as a Family GP in Harrow, West London.
Dr Wahid Asif SHAIDA has made various media appearances making clear his views that
in the eyes as of the British public make him no longer fit and proper to practice medicine
in the UK, Including;
- Campaigning on the Streets of London for Jihad.
-Being the Leader of a Proscribed Terrorist Organization in the UK -Having extreme views
on the rights of the LGBTQ community.
-Referring to the events in Israel on the 7th October 2023 as a punch in the face.
-Denying the 7th October 2023 terrorist attacks never actually happened.
-Calling for Sharia Law to be implemented in the UK.
-And many other things.
I am requesting any information held into investigations relating to the above GP and his
view that the GMC have carried out and if the investigations have been completed, why
his license to practice medicine hasn't been suspended since the investigation as he is still
showing on the GMC GP register as active.
Yours faithfully,
Kirrien Wilson
Annex B: Request for internal review
Dear Department of Health and Social Care,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of GDepartment of Health and Social Care's
handling of my FOI request 'Information relating to investigation into Wahid Asif SHAIDA'.
Your response say that you believe the request to proceed is unlawful as it doesn't cover a
lawful basis, however I disagree and would like to have this reviewed.
Under Section 6 of GDPR Regs (Lawful Basis) I believe the request information falls under
Section 6(d) Vital Basis.
Vital basis covers protection of life, and as someone who has in the media and in public
called for Sharia Law (Which would have major harm issues to women, homosexuals and
non believers) to be in the UK, Called for Jihad which incites violence again non Muslims
in the UK and said that Homosexuals should be dealt with according to Sharia Law, this
clearly shows he is a danger to individuals and falls under Vital Interest.
I also believe, for the above reasons it falls under section 6 (e) Public task as its in the
public interest to show who the dangers to the public are.
A full history of my FOI request and all correspondence is available on the Internet at this
address:
https://eur03.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.whatdotheykn
ow.com%2Frequest%2Finformation_relating_to_investig_3&data=05%7C02%7Cfreedomo
finformation%40dhsc.gov.uk%7C324e1df3736141f8fac008dccb7bbd4e%7C61278c3091a
84c318c1fef4de8973a1c%7C1%7C0%7C638608979531719145%7CUnknown%7CTWFp
bGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3
D%7C0%7C%7C%7C&sdata=lv4hB18FUbt1LhqXhud%2BSk%2FHCdC959Mmlnuod1InD
E0%3D&reserved=0
Yours faithfully,
Kirrien Wilson