Wednesday 24 March 2021
2pm to 4pm
|Simon Madden (SM)||NHSX||Director of Policy and Strategy|
|Dr Joanne Bailey (JB)||National Data Guardian||Representing the National Data Guardian for Health and Social Care|
|Jackie Gray, Deputy Chair (JG)||NHS Digital||Executive Director of IG|
|Elizabeth Bohm (EB)||Health Research Authority||Head of Data and AI|
|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|
|Eddie Morris (EM)||Academy of Medical Royal Colleges||President of the Royal College of Obstetricians and Gynaecologists|
|Vicky Chico (VC)||Health Research Authority||Data Policy Advisor|
|David Evans (DE)||NHSX||IG Policy Lead|
|Sean Kirwan (SK)||NHSX||Senior Data Sharing and Privacy Specialist|
|Rachel Merrett (RM)||NHSX||Head of IG Stakeholder Engagement|
|Jenny Westaway (JW)||NDG||Head of the Office of the NDG|
|Noshaba Khan (NK)||NHSX||Business Support Manager|
|Dr Robert Kyffin (RK)||Public Health England||Data & Information Policy and Partnerships Lead|
|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|
Welcome and introductions
The Chair welcomed members to the meeting and the apologies were noted.
Tribute to Dame Fiona Caldicott
SM marked the sad passing of Dame Fiona.
Minutes and actions from the previous meeting
Minutes - paper 01a
The Panel members and Chair agreed and signed off minutes.
Actions - paper 01b
The actions log was noted by Panel members.
JF provided an update on the issue of de-identified data and whether it is owed a duty of confidentiality. SK agreed to work with CAG and NDG to address their points to ensure there is a clear position. The next step would be to produce guidance, which will set out a policy position. SM advised that an update can be provided via email between panel meetings.
Article 40 codes
JG introduced the item.
The working group, which is considering this article 40 code, recognised that a code for secondary use purposes should be as relevant as possible to social care. However, there is an issue associated with the code if it is intended to apply to all of social care, because part of social care is private. This would introduce the requirement to have an accredited monitoring body.
It was agreed to continue to develop the code in an incremental way, having regard for social care, and if appropriate, re-visit to extend the scope to private sector organisations at a later date. JG agreed to speak with the CQC about them becoming an accredited monitoring body for the purposes of the code.
TC suggested having a social care representative on the code working group to consider and advise on the impact on social care. JG agreed adding it may be helpful and also to widen the representatives to include representatives from a trust.
Members supported the position outlined by JG.
Caldicott Guardian guidance
JW provided an update on draft guidance about the appointment of Caldicott Guardians and their roles and responsibilities from the NDG, which is due to be published in May.
Panel members supported and approved the guidance with no issues or concerns raised.
Direct marketing update
RM provided an update and the concern expressed about the draft ICO’s code on direct marketing and the impact on the health and care system in terms of provisions for care and research. The Panel was working with the ICO to ensure a clear position and guidance for the system.
Records management code of practice
RM introduced the item confirming the consultation closed in December and from the comments received, we are introducing some new sections like instant messaging. The code will be brought to the panel meeting in May.
Guidance log - paper 02a
The guidance log was noted by Panel members.
Risk register - paper 02b
The risk register was also noted and it was agreed to close risk 1 and 3 and add a risk on training.
RM provided an update on some initial thinking which is taking place relating to the various IG roles.
There was no other business.
Date of next meeting is 18 May 2021.