Question to the Department of Health and Social Care:

To ask His Majesty's Government whether they will set out the criteria to be used by NHS England to establish robust governance of the operation and management of the Advisory Group for Data and for the periodic audit of its business.

The advisory group for data (AGD) is central to ensuring that the transfer of NHS Digital's statutory functions to NHS England does not weaken existing protections of data.

The Secretary of State has issued statutory guidance about the exercise by NHS England of the transferred data functions. This statutory guidance requires NHS England to seek advice from a data advisory group, namely the AGD, on specific data access requests, and to support the development and maintenance of precedents, standards and guidance on data access. Terms of reference for the AGD are under consideration by NHS England following a consultation process. The terms of reference will be published once agreed by NHS England’s board or an appropriate sub-committee of the board. NHS England will also be transparent about the group’s operating processes. In line with this statutory guidance, NHS England will report annually on how it has discharged the transferred data functions.

We do not intend to set any criteria to be used by NHS England beyond what has already been set out in the statutory guidance, which will be kept under review.