Minutes Tuesday 15 September 2020

midday to 2pm

Microsoft teams


Name Representing Role
Simon Madden (SM) NHSX Director of Policy and Strategy
Dame Fiona Caldicott (DFC) National Data Guardian National Data Guardian for Health and Social Care
Jackie Gray (JG) NHS Digital Executive Director of IG
Dr Tony Calland (TC) Confidentiality Advisory Group Chair of Confidentiality Advisory Group
Andrew Hughes (AH) Local Government Association Director of Health and Wellbeing System Improvement
Ian Hulme (IH) Information Commissioner’s Office Director of Regulatory Assurance
Professor Jo Martin (JM) Academy of Medical Royal Colleges President of the Royal College of Pathologists
Dawn Monaghan (DM) NHSX Head of IG Policy
Simon Richardson (SR) Care Quality Commission Information Rights Manager
Juliet Tizzard (JT) Health Research Authority Director of Policy
Charlotte Abbott (CA) NHSX Policy and Engagement Intern
Dr Joanne Bailey (JB) National Data Guardian National Data Guardian panel member
Paul Comerford (PC) ICO Principal Technology Advisor
David Evans (DE) NHSX IG Policy Lead
Rachel Merrett (RM) NHSX Head of IG Stakeholder Engagement
Noshaba Khan (NK) NHSX Business Support Manager


Name Representing Role
Dr Robert Kyffin (RK) Public Health England Data and Information Policy and Partnerships Lead



Welcome and introductions

SM welcomed members to the meeting.

Apologies were noted.


Minutes and actions from the previous meeting

Chair's update

SM provided an update on the recruitment of the new National Data Guardian which is currently in progress. 

Minutes - paper 01a

The panel members and chair agreed and signed off minutes. 

Actions - paper 01b

NK presented the action log, which was agreed by panel members.


Update on Article 40 codes

DM reported that she had met with IH and JG. They had agreed that Article 40 codes would help significantly in producing practical ‘how to’ guides for the health and care sector. The proposal was taken to the working group to consider the topics that should be prioritised which included data sharing, DPIAs and pseudonymisation. JG advised when ranking the topics, the guidance that underpinned them should be considered before they are built upon.

It was agreed that DM and JG would meet again to prioritise the working group’s suggestions and make a recommendation to the panel of the rankings and the guidance that underpins the topics.


Pseudo data updates 

DM introduced the item and the issue around how the health and care sector would handle pseudonymised data - if it should be treated as confidential patient information and what safeguards are required to ensure pseudonymised data is not re-identified.

A dedicated working group was set up to discuss this. It was agreed that an update should be circulated to pseudo WG. The Data Policy team (NHSX) would seek a legal view which will subsequently be considered by the Panel.

PC provided an update on the ICO’s anonymisation code to replace the existing code of practice. This is currently on hold due to the COVID-19 pandemic and work will resume in the near future. The panel expressed concern about the delay.

DM and JG agreed to meet to look at the ‘what is personal data/anonymised data’ paper produced by NHS Digital in May 2018 and ratify the guidance with the ICO so that there is a clear position for the health and care system pending the ICO’s updated guidance on anonymisation being produced.


Plan for portal launch and Red Tape Challenge

CA provided an update on the IG portal confirming current plans are to launch on 1st October. JT requested that it is made clear if guidance has been produced by stakeholders and highlight if we are targeting specific audiences.

RM confirmed an invite has been sent out to the Red Tape Challenge workshop also on 1 October and will keep the panel updated on the communications going forward.


Routine items

Guidance log - paper 02a

RM presented the guidance log which was noted.

Risk register - paper 02b

RM presented the risk register - this was noted and no issues raised.



The National Data Opt Out letter has been issued confirming to organisations that the deadline for implementing the National Data Opt out has been extended due to COVID-19, reflecting the extension to the COPI notices to 31st March. SM advised the letter will be circulated to panel members for information.

Date of next meeting, 26 November 2020.