Minutes Wednesday 24 March 2021

2pm to 4pm

Microsoft teams


Attendees

Name Representing Role
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

Apologies

Name Representing Role
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

Items

Item
1

Welcome and introductions

The Chair welcomed members to the meeting and the apologies were noted.

2

Tribute to Dame Fiona Caldicott

SM marked the sad passing of Dame Fiona.

3

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.

4

Pseudonymised data

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.

5

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.

6

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.

7

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.

8

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.

9

Routine items

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.

10

AOB

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.