FOI-02058

Thank you for your request for information about the following: 

##Request 

‘I would like the name and GMC number of the independent medical assessor that made the decision on my application’ 

The NHS Business Services Authority (NHSBSA) received your request on 3 July 2024.  

We have handled your request under the Freedom of Information Act (FOIA) 2000. 

##Our response 

We have considered this request under the Freedom of Information Act 2000 and we are issuing a refusal notice under section 17 of the FOIA.  

We can confirm that we do hold the requested information, but this information is exempt under section 40(2) of the FOIA (personal information).  

Section 40(2) is an absolute, prejudice-based exemption and therefore is exempt if disclosure would contravene any of the data protection principles. In order for disclosure to comply with the lawfulness, fairness, and transparency principle, we either need the consent of the data subject(s) or there must be a legitimate interest in disclosure. In addition, the disclosure must be necessary to meet the legitimate interest and finally, the disclosure must not cause unwarranted harm. 

As we do not have the consent of the data subject, the NHSBSA is therefore required to conduct a balancing exercise between legitimate interest of the applicant in disclosure against the rights and freedoms of the data subject.  

The NHSBSA acknowledges that you have a legitimate interest in disclosure of the information in order to provide the full picture of the requested data held by the NHSBSA; however, we have concluded that disclosure of the requested information would cause unwarranted harm and therefore, section 40(2) is engaged. 

The expectation of the medical assessors is that they will remain anonymous and will therefore not be subject to contact or pressure from claimants or campaigning groups. Given the certainty that the GMC number will identify the medical assessor there is a reasonable expectation that this information will not be disclosed under FOI. Disclosing this information would be unfair and as such this would breach the UK GDPR first data protection principle. 

With regards to the Vaccine Damage Payment Scheme (VDPS) there have been concerns for the health and safety of medical assessors and staff administering the scheme. Disclosure of the GMC number is likely to result in considerable distress to the medical assessor. 

Please see the following link to view the section 40 exemption in full - https://www.legislation.gov.uk/ukpga/2000/36/section/40 

##Data Queries 

If you have any queries regarding the data provided, or if you plan on publishing, the data please contact foirequests@nhsbsa.nhs.uk ensuring you quote the above reference. This is important to ensure that the figures are not misunderstood or misrepresented. 

##Reusing the data and copyright 

If you plan on producing a press or broadcast story based upon the data please contact communicationsteam@nhsbsa.nhs.uk. This is important to ensure that the figures are not misunderstood or misrepresented. 

The information supplied to you continues to be protected by the Copyright, Designs and Patents Act 1988 and is subject to NHSBSA copyright. This information is licenced under the terms of the Open Government Licence detailed at: 

http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/  

Should you wish to re-use the information you must include the following statement: “NHSBSA Copyright 2024” Failure to do so is a breach of the terms of the licence. 

Information you receive which is not subject to NHSBSA Copyright continues to be protected by the copyright of the person, or organisation, from which the information originated. Please obtain their permission before reproducing any third party (non NHSBSA Copyright) information. 

Tags: GMC, VDPS, Vaccine Damage Payment Scheme
Organization: Freedom of Information Disclosure Log