Tuesday 15 September 2020
midday to 2pm
|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|
|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
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.
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.