GDC publishes updated guidance on its covert surveillance of practitioners
The General Dental Council (GDC) has published an updated version of its guidance on the covert surveillance of practitioners.
In a statement, the GDC said: “The updated guidance highlights our commitment to transparency, legality, and the protection of individual privacy during both fitness to practice (FtP) and illegal practice (IP) investigations.
“The guidance outlines the stringent legal and ethical framework governing covert surveillance in FtP and IP investigations, to ensure all investigative activities comply with the Human Rights Act 1998, and other relevant legislation and guidance.”
Covert surveillance will be used sparingly and only as a last resort
Stefan Czerniawski
The GDC has been criticised for its use of covert surveillance and the cost. In 2021, the British Dental Association said: “The GDC must stop using registrant money on under-cover investigations, following the recent admission that it acted unlawfully in undertaking under-guise operations against a registrant.”
Between 2013 and 2019, the GDC spent £59,258.85 on investigators. It characterised the practice as “entrapment” and expressed disbelief that registrants’ fees had been used to cover both the costs of related activity and resulting legal costs.
Eddie Crouch, the BDA’s chair, said at the time: “The use of cloak and dagger tactics against innocent registrants underlines the need for fundamental change at the GDC. A devil may care attitude has left registrants footing the bill for unlawful activity, and the resulting legal costs.
“The GDC has tried justifying its approach. Clearly the courts have taken a different view and we now expect our regulator clarifies its future policy in this area publicly as matter of urgency.”
Five years later, the GDC has now done so.
Stefan Czerniawski, Executive Director, 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 General Dental Council is committed to protecting the public and ensuring public confidence in the dental professions. The updated Covert Surveillance Guidance is one element of ensuring transparency, legality, and the protection of individual privacy.”