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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.