DOCTORS in North Yorkshire who urged patients waiting for minor operations to go private are being investigated under data protection laws, it has been revealed.

The inquiry into the activities of GPs at the Haxby Group Practice, north of York, will focus on “possible breaches of the Data Protection Act”, a health minister told MPs.

Previously, it was thought the probe would simply look into the accuracy of letters sent to patients and a possible conflict of interest, if the GPs were attempting to profit personally from recommending treatment for a fee.

Breaches of the 1998 Data Protection Act can be punished with fines of up to £100,000 – while the Information Commissioner has pushed for some offenders to be jailed.

Meanwhile, the controversy reached the House of Commons, where Labour's health spokesman described the letter as a “terrifying glimpse of a Tory NHS in future”.

The Haxby practice hit the headlines when it was revealed, two weeks ago, that patients waiting for eight different operations on the NHS were told they could only be treated if they paid.

One of four companies the doctors listed as offering the treatments is wholly owned by the practice, based at Haxby and Wigginton Health Centre.

NHS North Yorkshire and York PCT bosses immediately said they had “significant concerns” about the letter and launched an investigation.

However, The Press can reveal that a statement, issued by Dr David Geddes, the medical director of NHS North Yorkshire and York, was edited before being released.

It went on to read: “These concerns are around possible breaches of the Data Protection Act and the accuracy of the information sent to patients.”

A spokesman for the PCT confirmed: “Our belief, at the moment, is that there may have been breaches of the Data Protection Act.

“However, until we sit down with the GPs, we don't know whether there were breaches or not.”

That meeting would take place “soon”, the spokesman said, adding: “A date has not been set.” The sending of the letter to patients was revealed on October 5.

That letter, sent by John McEvoy, a managing partner, began: “We are holding your details on a list of patients who require a minor surgical procedure that is no longer paid for by the NHS.”

However, the PCT hit back, stating that three of the treatments – fluid draining from a cyst, vital warts and ingrowing toenails – were still available.

In the Commons, Andy Burnham, Labour's health spokesman, warned there was nothing in the current Health and Social Care Bill to prevent more GPs doing the same.

But Paul Burstow, the Liberal Democrat health minister, insisted there was a “code of conduct” stating that doctors “cannot directly, or indirectly, seek or accept from any of its patients payment or other re-numeration for any treatment”.