Question to the Department of Health and Social Care:

To ask His Majesty's Government whether they intend to publish a list of organisations from whom views have been sought, whether formally or informally, on drafts of the new terms of reference for NHS England’s Advisory Group for Data.

NHS England advises that it has sought views on the draft terms of reference for its Advisory Group for Data from the Department, The National Data Guardian, The Independent Group Advising (NHS Digital) on Release of Data prior to the legal merger, and subsequently the interim data advisory group established until terms of reference are finalised and approved and NHS England's Cyber Security and Risk Committee. The draft terms of reference are currently being updated to take into account feedback and once they have been approved by the Board or a sub-committee of the Board, NHS England advises it will publish them in line with the Statutory Guidance.

The statutory guidance on NHS England’s protection of patient data states that the data advisory group should, among other functions, be able to provide NHS England with advice as requested on "streamlining and continuously improving internal and external data access processes, using a clearly understood risk management framework, precedent approaches and standards that requests must meet". Once the terms of reference for the new group are approved and the group is in place NHS England will work, with the new group's advice, to agree an appropriate risk management framework including considering the form that might take, how it might be summarised or articulated, and what information about it should be published. Interim arrangements are in place while this new group is being established and advice is sought based on the published Data Access Request Service (DARS) Standards and Precedents in relation to applications for access to data. These arrangements and the advice provided by the group are reflected in the minutes of each meeting of the interim group.