Minutes Tuesday 18 May 2021

2.30pm to 4.30pm

Microsoft teams

Attendees

Name	Representing	Role
Jackie Gray, Deputy Chair (JG)	NHS Digital	Executive Director of IG
Dr Nicola Byrne (NB)	National Data Guardian	National Data Guardian for Health and Social Care
Dr Tony Calland (TC)	Confidentiality Advisory Group	Chair of Confidentiality Advisory Group
Jenny Firth (JF)	NHSX	Acting Deputy Director, Data Policy
Andrew Hughes (AH)	Local Government Association (LGA)	Director of Health and Wellbeing System Improvement
Ian Hulme (IH)	Information Commissioner’s Office	Director of Regulatory Assurance
Simon Richardson (SR)	Care Quality Commission	Information Rights Manager
Juliet Tizzard (JT)	Health Research Authority	Director of Policy
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
Martin Staples (MS)	NHSX	Data Sharing and Privacy Specialist
Noshaba Khan (NK)	NHSX	Business Support Manager

Apologies

Name	Representing	Role
Simon Madden (SM), Chair	NHSX	Director of Policy and Strategy
Dr Robert Kyffin (RK)	Public Health England	Data & Information Policy and Partnerships Lead
Dawn Monaghan (DM)	NHSX	Head of IG Policy
Eddie Morris (EM)	Academy of Medical Royal Colleges	President of the Royal College of Obstetricians and Gynaecologists

Items

	Item
1	Welcome and introductions The Chair welcomed members to the meeting and the apologies were noted.
2	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.
3	Pseudonymised data SK introduced the item. Following on from the discussion at the previous meeting, and further conversations with Panel members, a revised policy position was presented. The Panel still felt that further work was required, and the issues not yet been fully resolved. It was agreed to continue work on the paper to get to a stage where we can publish. Action: continue work on the pseudo paper to get to a position which reflects the policy position and legal basis - providing some additional guidance of the options even if it's heavily caveated. IH provided an update on the ICO’s guidance on anonymisation. The ICO has published a blog which sets out how the guidance will be published in a phased approach. The first chapter on providing an introduction to anonymisation, was due to be published imminently. Views will be sought on the chapters prior to a consultation.
4	Records Management Code of Practice RM introduced the item. The Panel approved a draft version of the Code in July 2020 to go out to consultation. The Code has since been updated based on the responses received. SR requested further clarification on how the Code applied to adult social care and public health functions. RM agreed to tighten the wording, and communicate this via relevant networks. JG requested some amendments in relation to references to the Data Protection Act and GDPR. Action: work with the social care IG group to communicate messages to the social care sector. Panel members approved the Code for publication subject to the points on social care and GDPR being clarified.
5	IG Framework RM provided an update on the IG Framework. TC raised a concern that the Framework was not clear on the right to object or withdrawal of consent, and the interplay between common law and UK GDPR in this respect. Action: suggest alternative wording where concerns have been raised, and circulate the updated Framework for approval via email.
6	Direct marketing update RM provided an update on the direct marketing guidance, which will come to the panel prior to publication.
7	Routine items Guidance log: paper 02a The guidance log was noted by Panel members. Risk register: paper 02b The risk register was also noted by Panel members.
8	A.O.B RM asked Panel members if they have any future agenda items, to let NK know, along with any items for the IG newsletter. JG advised the NHSD programme GP data for planning and research has now launched with full details available on their website. Date of next meeting: 20 July 2021.