The National Data Opt-out (Sept 2017)
NHS Digital is developing a new system to support the national data opt-out which will give patients more control over how their personally identifiable data is used. The system will support patients in exercising their right to make an informed choice about whether their personally identifiable data is only used for their individual care and treatment or also shared for research and planning purposes.
Following on from the Government Response to the National Data Guardian Review of Data Security, Consent and Opt-outs, the national data opt-out is part of a wider vision that aims to build patients' trust and confidence in how health and care services look after patient data and use it for the benefit of health and care, as well as assuring data security, across the health and care system
NHS Digital are developing the system now. Patients will be able to use the system to state their national data opt-out preferences by March 2018. All health and care organisations will uphold these preferences by March 2020
The guidance and communication materials is below.
Pack A The NDG Review and Government Response Published September 2017 [3.21MB]
Pack B Taking the National Data Opt-out Forward Published September 2017 [3.42MB]
Pack C National Data Opt-out Approach Published September 2017 [3.26MB]
(Text extracted from NHS Digital website)
Government Response to the National Data Guardian’s (NDG) Review (12th July 2017)
The Government published its response to the National Data Guardian’s (NDG) Review of Data Security, Consent and Opt-Outs. ‘Your Data: Better Security, Better Choice, Better Care’ on 12 July 2017. The response is available here: Government Response, 12th July 2017
Dame Fiona issued an accompanying statement
The Government has accepted all of the recommendations from the NDG’s review. The benefits of sharing data are emphasised throughout the response, “we are also keen to support the use of patient data in appropriate circumstances and anonymised data for research, and will learn from examples where this is being done effectively”. Several case studies are included to highlight the rewards of using and sharing patient data.
The key recommendations regarding data sharing and opt-outs:
- Ensure that the national opt-out is implemented effectively from March 2018, engaging the public to understand what their data is used for and by whom, and the choices that they can make around that use. Ensure that the NHS and social care manages the transition to the national opt-out effectively by 2020.
- Support professionals to implement the national opt-out successfully.
- Support legislation to put the role of the NDG on a statutory footing.
- Implement stronger measures to protect personal data, through UK data protection legislation to introduce more severe penalties for data breaches and to deter reckless or deliberate misuse of information from May 2018.
- Work with other stakeholders, including Understanding Patient Data, to develop communication tools to explain effectively to the public, data and information sharing in health and care.
- Ensure that NHS Digital implements a tool to enable patients to access and understand how their data has been used nationally by March 2020
Existing Type 1 & 2 opt outs are addressed. Type 2 opt outs will be transitioned and Type 1 opt outs will be honoured until March 2020. There is information about this on page 26 of the response.
Dame Fiona has also written an article in the Times published today, which I attach and in which Dame Fiona says “Yet my support for the creation of a simple data opt-out does not mean that I want people to use it. I have confidence in the system to use my data responsibly to improve services for all”
National Data Guardian's Review published (6th July 2016)
The National Data Guardian for Health and Care has today published her Review of Data Security, Consent and Opt-Outs.
Dame Fiona Caldicott, the National Data Guardian for Health and Care (NDG), today publishes recommendations to strengthen the security of health and care information secure and to help the public make informed choices about how their data is used.
The proposals are contained in the National Data Guardian for Health and Care: Review of Data Security, Consent and Opt-out. The recommendations are made to the Secretary of State for Health, Jeremy Hunt, following his commissioning of reviews from the NDG and the Care Quality Commission (CQC), which has today also published its report on data security in the NHS.
The National Data Guardian has developed ten new data security standards to apply to all organisations which hold health or care information. Dame Fiona is calling on leaders of health and social care organisations to demonstrate clear accountability and responsibility for data security, just as they do for clinical and financial management and accountability.
Dame Fiona is also calling for a much more extensive dialogue with the public about how their information is used and the benefits, from researchers making breakthroughs in life-saving medicines to regulators spotting quickly when things go wrong.
For those who do not want their confidential information to be used for purposes other than their direct care, Dame Fiona has developed a new opt-out. She has also reaffirmed that whether people opt out or not, they should be reassured that their health and care information will only ever be used if the law allows and never for marketing or insurance purposes, unless they separately consent to this.
Dame Fiona has called for a full and comprehensive public consultation on her recommendations and further testing of the proposed consent/opt-out model.
Dame Fiona is clear that that it will be important to hear the views of patients, health and care professionals, researchers, commissioners and others in this consultation and beyond. We hope you will be able to play your part.
Read the Review
Read the Press Release
Video: Dame Fiona explains
Read the CQC Report
(Remaining parts of this page have been extracted directly from several sources)
New Models of Consent
Speaking at the NHS Innovation Expo in Manchester, the Health Secretary announced a review of standards of data security for patients’ confidential data across the NHS to be carried out by the Care Quality Commission (CQC). A clarification shortly afterwards highlighted Dame Fiona Caldicott's contribution to the review, which is shown below:
18 September 2015 - clarification of Dame Fiona Caldicott’s contribution to the review
The National Data Guardian for health and care, Dame Fiona Caldicott, will contribute to this review by developing clear guidelines for the protection of personal data against which every NHS and care organisation will be held to account. She will provide advice on the wording for a new model of consents and opt-outs, to enable patients to make an informed decision about how their data will be shared.
[Source: Health Secretary outlines vision for use of technology across NHS, September 2015]
Review of Informed Choice for Cancer Registration
In April 2016, Cancer Research UK and Macmillan Cancer Support announced a joint Review of Informed Choice for Cancer Registration, to include engagement events for people affected by cancer.
The findings of the review will help inform a decision by the government about how cancer registration will be managed in the future.
[Source: Cancer Research UK and Macmillan Cancer Support]
What is happening in the review?
Cancer Research UK and Macmillan Cancer Support are reviewing how cancer patients in England could be better informed about the use of their data in cancer registration, and how they can choose whether their data are included.
- We expect this review to help inform an important decision by the government about how cancer patients can choose whether their data are included in the cancer registry.
- The review will run until July 2016, when we will report to government. We expect to publish our findings by September 2016.
The full details are available here from both charities
[Source: Macmillan Cancer Support, Review of Informed Choice for Cancer Registration]
[Source: Cancer Research UK, Review of Informed Choice for Cancer Registration]