The GDC has released new legal and ethical framework on the use of covert surveillance during fitness to practise investigations.
The updated guidance, according to the GDC, highlights its commitment to transparency, legality and the protection of individual privacy during both fitness to practice (FtP) and illegal practice (IP) investigations.
The new guidance reads: ‘Where investigations can be conducted without the use of covert surveillance, they must be. The least intrusive method of investigating should always be preferred.’
What is covert surveillance?
Surveillance involves monitoring, observing, recording or listening to people, their movements, conversations or other activities and communications, with or without use of a surveillance device.
Covert surveillance is where it is carried out in a manner calculated to ensure that anyone subject to the surveillance is unaware that it is taking place. It can be either directed or intrusive:
- Directed – is planned, covert, but not intrusive surveillance, and is likely to result in the obtaining of private information about a person
- Intrusive – relates to the location of the surveillance – carried out in residential premises and/or private vehicles – and not to the type of information expected to be obtained. It is assumed intrusive surveillance will likely always result in obtaining private information.
Private information refers to details relating to a person’s private or family life. Generally, it includes any aspect of a person’s private or personal relationship with others, such as family and professional or business relationships. It may also include personal data, such as names, telephone numbers and address details.
Covert surveillance ‘a last resort’
Stefan Czerniawski, executive director of strategy at the GDC, said: ‘Covert surveillance will be used sparingly and only as a last resort, ensuring that any investigative practices are necessary, proportionate and respectful of privacy. This guidance supports our commitment to enhancing public trust and patient safety.
‘The GDC is committed to protecting the public and ensuring public confidence in dental professions.
‘The updated Covert Surveillance Guidance is one element of ensuring transparency, legality, and the protection of individual privacy.’
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