Outcome of a GMC investigation (FOI)

​Request

During the action with Dr Alwitry there was a GMC investigation into the conduct of the senior ophthalmic surgeon and the senior maternity consultant and their role in the illegal dismissal. What was the conclusion of the investigation and the action taken by Health and Community Services?

Response

Release of information regarding the outcome of investigations into the conduct of an employee would breach the privacy of the individuals involved and therefore, Article 25 of the Freedom of Information (Jersey) 2011 Law has been applied.

Article applied

Article 25 - Personal information

(1) Information is absolutely exempt information if it constitutes personal data of which the applicant is the data subject as defined in the Data Protection (Jersey) Law 2005.

(2) Information is absolutely exempt information if –

(a) it constitutes personal data of which the applicant is not the data subject as defined in the Data Protection (Jersey) Law 2018; and

(b) its supply to a member of the public would contravene any of the data protection principles, as defined in that Law.

(3) In determining for the purposes of this Article whether the lawfulness principle in Article 8(1)(a) of the Data Protection (Jersey) Law 2018 would be contravened by the disclosure of information, paragraph 5(1) of Schedule 2 to that Law (legitimate interests) is to be read as if sub-paragraph (b) (which disapplies the provision where the controller is a public authority) were omitted.