Scotland's Information Commissioner has ordered NHS Tayside to release more information about disgraced brain surgeon Sam Eljamel, after finding the health board "fell significantly short" in responding to a Freedom of Information (FOI) request.
Watchdog orders release of details
The FOI request asked about an independent report on Eljamel's employment, commissioned after patients claimed he harmed them. The former head of neurosurgery at Ninewells Hospital in Dundee is believed to have harmed more than 200 patients, some with life-changing injuries.
Commissioner David Hamilton ruled that NHS Tayside had only partially complied with the request and had "incorrectly withheld" some details. He gave the health board until September 17 to carry out a revised review of its response, originally made in March 2023.
Health board's approach criticised
The report on Eljamel's employment was carried out in 2019 by NHS Lothian's medical director after former patients raised concerns. NHS Tayside disclosed some information but withheld most, citing personal data, and said it did not hold all details sought.
Hamilton said the board took a "one-size-fits-all" approach when withholding information, failing to consider each case on its merits. He added: "While most personal information is rightly protected from disclosure under FOI, there will be some cases where release may be appropriate – particularly if it relates to the public and professional activities of senior staff."
He was "not persuaded" that some details should be classed as personal data. NHS Tayside said it intends to "fully comply" with the decision notice.
Background and next steps
Eljamel was suspended in 2013, resigned from the health board the following year and was removed from the medical register in 2015. He is understood to have returned to Libya and continued to work there.
The first evidence sessions in a major public inquiry into the surgeon are set to begin next month.
