Thursday 26 November 2020
1pm to 3pm
|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|
|Jenny Firth (JF)||NHSX||Acting Deputy Director, Data Policy|
|Ian Hulme (IH)||Information Commissioner’s Office||Director of Regulatory Assurance|
|Dr Robert Kyffin (RK)||Public Health England||Data and Information Policy and Partnerships Lead|
|Dawn Monaghan (DM)||NHSX||Head of IG Policy|
|Juliet Tizzard (JT)||Health Research Authority||Director of Policy|
|David Evans (DE)||NHSX||IG Policy Lead|
|Rachel Merrett (RM)||NHSX||Head of IG Stakeholder Engagement|
|Sam Walker (SW)||NHSX||Private Secretary to Simon Madden|
|Jenny Westaway (JW)||NDG||Head of the Office of the NDG|
|Noshaba Khan (NK)||NHSX||Business Support Manager|
|Professor Jo Martin (JM)||Academy of Medical Royal Colleges||President of the Royal College of Pathologists|
|Simon Richardson (SR)||Care Quality Commission||Information Rights Manager|
Welcome and introductions
SM welcomed members to the meeting.
Apologies were noted.
Minutes and actions from the previous meeting
Minutes - paper 01a
The panel members and chair agreed and signed off minutes subject to a revision to the last paragraph in section 4 on pseudo updates made by JG.
Actions - paper 01b
The actions log was noted by panel members.
Update on Article 40 codes
JG provided an update on Article 40 code. A dedicated working group has been established to take forward the work of producing the codes and it was agreed to prioritise the Code of Conduct on Data Sharing first. The working group will meet to discuss the scope of what should be covered and the outcome of this meeting will be shared with panel members. Once produced, the Code will be reviewed every year and can be expanded if required. Initial timescales are to have a draft ready and submitted to the ICO by spring 2021.
JF introduced the item on the questions raised by the pseudo working group and JG. The Data Policy team have had a detailed discussion with government lawyers and appraised them of the position and are awaiting advice hopefully within the next 2 weeks. This will be initial advice which may need to be explored further with the lawyers. JF will provide an update once these discussions have occurred.
JG suggested it may be useful to have a discussion with the ICO on the paper ‘what is personal data and when is it anonymised’ which could feed into the legal advice if all agree on a position.
IG portal - communications plan
DM provided an update on the portal which was launched on 1st October. The next phase of communications is to target frontline staff to ensure they are aware of the portal and assist them in decisions on information sharing. We will also engage with the frontline to find out what the issues are and what we need to work on in terms of guidance.
In the new year, we will look at more of a formal launch linked in with the Red Tape Challenge. Initially, specific audiences, key representative bodies and stakeholders will be targeted to assist in promoting the portal.
JG advised it may be useful to link in with NHSD’s Cyber campaign and have a message going out with their material.
Dame Fiona suggested JW could liaise with RM to look at other representatives that could be targeted and assist in promoting the portal.
Panel members were asked to actively support the next stage of communications.
IG framework for Integrated Health and Care
DE provided an update on the four journeys - journeys 3 and 4 have been paused awaiting clarification on the pseudo issue. Journeys 1 and 2 have been agreed by the panel’s working group, however, some late comments are being considered before journeys 1 and 2 of the framework are published.
JG asked for a member of the working group to join the article 40 discussions. It was agreed Peter Manser would be able to join.
IG Caldicott Principles and Caldicott Guardian consultation
JW presented the item updating on the summary of feedback received, the key things that have changed based on the responses and the NDGs publishing statutory guidance for organisations to appoint Caldicott Guardians.
The consultation response will be published early December.
Guidance log - paper 02a
The guidance log was noted by panel members. JG requested to see the papers that have been sent to Check and Challenge - DSA template.
Risk register - paper 02b
The risk register was also 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 31 March 2021. SM advised the letter will be circulated to panel members for information.
TC raised an issue with the Records Management Code of Practice which is currently out for consultation and the section on the confidentiality of medical records which needs re-wording. RM agreed to look at this.
RM provided an update on the Red Tape Challenge with fifteen organisations signed up to date.
JG asked for an update on COPI notices which expire in March 2021. JF confirmed they will be reviewed in December and will advise then what is likely to happen.
There was no other business.
Date of next meeting, 28 January 2021.