Minutes Thursday 26 November 2020

1pm to 3pm

Microsoft teams


Attendees

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
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

Apologies

Name Representing Role
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

Items

Item
1

Welcome and introductions

SM welcomed members to the meeting.

Apologies were noted.

2

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.

3

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.

4

Pseudonymised data 

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.

5

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.

6

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.

7

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.

8

Routine items

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.

9

A.O.B

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.