
Therefore, a few issues to note
1. Issues can be taken up by the GMC [ without a complainant]. That will be held on the doctors record without their knowledge.
2. Cleared complaints are held on their record.
3. Enquiries made regarding various allegations are held on record even if they are not taken forward.
4. The above is added to the Revalidation information to provide a 360 degree picture of the doctors " Fitness to Practise" history.
5. Of course, if a license isn't granted and an assessment made that a doctor may not be fit to practise, it makes it rather easy to take up the complaint within their procedures.
Letter from the General Medical Council 2008
"You asked us about our retention of your personal data. The GMC is required to keep records in order to perform its regulatory duties. We currently retain fitness to practise records, details of all complaints and enquiries received about doctors, on a permanent basis. This provides us with a longitudinal view of a doctor's involvement with the GMC. Maintaining Fitness to Practise records on a long-term basis ensures that we have a detailed picture of a doctor’s registration history, which is essential to appropriately protect the public.
Principle five of the Data Protection Act 1998 (DPA) requires data controllers to keep personal data for as long as necessary to perform their specified purposes. We hold records for as long as necessary to perform our statutory functions, balancing the privacy requirements of individual doctors and the public protection needs of the wider community. We are therefore unable to cease processing your personal data in this instance.
We must process personal data fairly, lawfully and meet at least one of the conditions in Schedule 2 of the Act. In the case of sensitive personal data, at least one of the conditions in Schedule 3 must also be met. We believe we meet the following conditions to justify keeping this information:
“Schedule 2
5. (b) The processing is necessary for the exercise of any functions conferred on any person by or under an enactment.
Schedule 3
7. (b) the processing is necessary for the exercise of any functions conferred on any person by or under enactment”
In addition to this, we also believe that the processing conforms to Statutory Instrument No 417 (2000), The Data Protection (Processing of Sensitive Personal Data) Order 2000 under the following condition:
“the processing is in the substantial public interest; is necessary for the discharge of any function which is designed for protecting members of the public against dishonesty, malpractice or other seriously improper conduct by, or the unfitness or incompetence of, any person; and must necessarily be carried out without the explicit consent of the data subjection being sought so as to not prejudice the discharge of that function”.
You also raise the point about the accuracy of the information we hold. Principle four of the DPA states that personal data must be accurate. We take reasonable steps to ensure the accuracy of the information we receive and we keep a record of all views from the individual concerned and any third parties. We have recorded your view that the information we are holding is inaccurate and that view will be retained.
I am sorry that on this occasion we are unable to comply with your request. If you are not satisfied with our response you may raise your concerns to the Information Commissioner’s Office who oversees compliance with the Data Protection Act. Their contact details are:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 0845 306060
Website: www.ico.gov.uk
Email: mail@ico.gsi.gov.uk
Yours sincerely,
Jackie Smith
Head of Investigations
Tel 020 7189 5132
Email jsmith@gmc-uk.org