Patients could get NHS Federated Data Platform data sharing opt-out

06/09/2024 | The Register

Legal advice given to NHS England indicates that a vital aspect of its controversial Federated Data Platform (FDP) lacks a legal basis. The development arose after preparations for a legal challenge questioned the legality of creating the FDP within the existing legal framework for data acquisition and sharing in the NHS. 

Despite an NHS spokesperson's dismissal of the concerns, documents reveal that NHS England had received legal advice casting doubt about a privacy enhancing technology (PET) provided by IQVIA. According to documents, the PET would require a separate lawful basis to process personal confidential data (PCD). 

As a result, NHS England may be required to offer all patients the opportunity to opt out of sharing their data with the FDP in accordance with the current legislation for patient information control (Section 251 of the National Health Service Act 2006).

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NHS, Health data

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