Asked by: Richard Fuller (Conservative - North Bedfordshire)
Question to the Department of Health and Social Care:
To ask the Secretary of State for Health and Social Care, what (a) policies and (b) procedures are in place across NHS Trusts to ensure that medical records are (i) accurate and (ii) evidence-based.
Answered by Karin Smyth - Minister of State (Department of Health and Social Care)
Each National Health Service trust is a data controller under the Data Protection Act 2018, and therefore responsible for ensuring the accuracy and integrity of their records. To assist trusts in fulfilling these responsibilities, a range of guidance and assurance is in place.
For example, NHS England publishes a Code of Practice on Records Management for all NHS trusts to follow. This covers all aspects of records management, including the accuracy and reliability of medical records. Each trust is responsible for following the principles and guidance set out in the code, which may include local measures, such as a record keeping audit, or monitoring the availability of records.
In addition, in line with the Code of Practice, NHS trusts are responsible for ensuring they have appropriate policies and procedures in place to manage their records. This will usually be a standalone records management policy, with associated procedures, such as how to destroy records.
Furthermore, NHS England’s Data Security and Protection Toolkit (DSPT) requires NHS trusts to understand legal and professional obligations for records management. The DSPT involves a periodic audit in which trusts have to demonstrate they are adhering to this requirement.
Regulators also set out professional standards for health and care professionals. For example, the General Medical Council’s Good Medical Practice requires doctors to make sure that formal records of their work, including patients' records, are clear, accurate, contemporaneous, and legible.
The Care Quality Commission has powers, under section 63(2)(b) of the Health and Social Care Act 2008, to access records held by the service that they are inspecting, where necessary, as part of their regulatory functions.
Asked by: Grahame Morris (Labour - Easington)
Question to the Ministry of Defence:
To ask the Secretary of State for Defence, if he will return blood and diagnostics tests taken after detonation to UK nuclear test veterans.
Answered by Al Carns - Parliamentary Under-Secretary (Ministry of Defence) (Minister for Veterans)
I have met with representatives of the nuclear test veteran community and am committed to continuing that engagement to consider the concerns raised, including looking into questions raised on medical records.
Nuclear test veterans can request access to their personal information held by the Ministry of Defence about their time in the military, including Service and Medical records. To do so they need to submit a Subject Access Request (SAR) under the Data Protection Act 2018 (DPA).
Asked by: Lord Kamall (Conservative - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government whether they will place in the Library of the House (1) the data protection impact assessment for the Privacy Enhancing Technology contract for NHS England's Federated Data Platform, and (2) NHS England's template data protection impact assessment for each nationally commissioned product in the Federated Data Platform.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
NHS England has published on its website an overarching National Health Service Federated Data Platform (FDP) data protection impact assessment (DPIA), an overarching NHS FDP information governance framework, and overarching NHS FDP privacy notice and privacy notices, for each national FDP product.
NHS England plans to publish an overarching NHS Privacy Enhancing Technology DPIA, and a DPIA for each national FDP product on the NHS England website in autumn 2024. These will be placed in the library of the House.
Asked by: Lord Hunt of Kings Heath (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government, further to the Written Answer by Lord Markham on 19 February (HL2438), why NHS England has disregarded requests from independent advisors to the Advisory Group for Data for the version control on the Terms of Reference to be updated to reflect the full circulation of the document and the timing of that circulation.
Answered by Lord Markham - Shadow Minister (Science, Innovation and Technology)
NHS England has confirmed that it has updated the version control for the draft document, to reflect drafts as issued together with reviewer comments, including the date issued. NHS England, through the Privacy, Transparency and Trust team in the Delivery Directorate, has received feedback on the drafts, and will publish a final version in due course, following approval by or on behalf of the NHS England Board.
NHS England has confirmed that the Chair of the interim Advisory Group for Data has already been sent an updated interim version issued on 5 February 2024 and will share the next version with the group, in line with the commitment made to the group as outlined in the minutes of the meeting on 11 January 2024, before it progresses to the next stage of ratification.
Asked by: Lord Hunt of Kings Heath (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government, further to the Written Answer by Lord Markham on 19 February (HL2438), whether they plan to respond positively to the request by NHS England’s Advisory Group for Data to see the next draft of the Terms of Reference before it progresses to the next stage of ratification.
Answered by Lord Markham - Shadow Minister (Science, Innovation and Technology)
NHS England has confirmed that it has updated the version control for the draft document, to reflect drafts as issued together with reviewer comments, including the date issued. NHS England, through the Privacy, Transparency and Trust team in the Delivery Directorate, has received feedback on the drafts, and will publish a final version in due course, following approval by or on behalf of the NHS England Board.
NHS England has confirmed that the Chair of the interim Advisory Group for Data has already been sent an updated interim version issued on 5 February 2024 and will share the next version with the group, in line with the commitment made to the group as outlined in the minutes of the meeting on 11 January 2024, before it progresses to the next stage of ratification.
Asked by: Lord Hunt of Kings Heath (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government, further to the meeting of the Advisory Group on Data (AGD) on 11 January, what discussions they have had with NHS England regarding AGD’s request to see the next draft of its draft Terms of Reference before it is moved on to the next stage of ratification.
Answered by Lord Markham - Shadow Minister (Science, Innovation and Technology)
The Department has had no discussions with NHS England regarding the July 2023 meeting of the Data, Digital and Technology Committee, or regarding the Advisory Group for Data’s (AGD) request that the version control on its draft terms of reference be updated to reflect the full circulation of the document, as well as the timing of the circulation.
The role of the advisory group is set out within the statutory guidance issued by the Department, in NHS England’s protection of patient data. We understand that the terms of reference for the AGD are currently in draft, with version control reflecting formal drafts as issued. NHS England, through the Privacy, Transparency and Trust team in the Delivery Directorate, has received feedback on the drafts, which will be published in due course following approval by, or on behalf of, the NHS England board.
Asked by: Lord Hunt of Kings Heath (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government what changes have been made to the draft Terms of Reference for the Advisory Group on Data since April 2023; and which part of NHS England was responsible for making those changes.
Answered by Lord Markham - Shadow Minister (Science, Innovation and Technology)
The Department has had no discussions with NHS England regarding the July 2023 meeting of the Data, Digital and Technology Committee, or regarding the Advisory Group for Data’s (AGD) request that the version control on its draft terms of reference be updated to reflect the full circulation of the document, as well as the timing of the circulation.
The role of the advisory group is set out within the statutory guidance issued by the Department, in NHS England’s protection of patient data. We understand that the terms of reference for the AGD are currently in draft, with version control reflecting formal drafts as issued. NHS England, through the Privacy, Transparency and Trust team in the Delivery Directorate, has received feedback on the drafts, which will be published in due course following approval by, or on behalf of, the NHS England board.
Asked by: Lord Hunt of Kings Heath (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government what discussions they have had with NHS England regarding the concerns expressed by the Advisory Group on Data (AGD) at their meeting on 11 January about the Data, Digital and Technology Committee (DDaTC) meeting on the 12 July 2023, including (1) that the AGD had not been informed that its draft Terms of Reference had been submitted to DDaTC, (2) that the AGD was not informed about any DDaTC feedback on the AGD Terms of Reference, and (3) that the content of DDaTC minutes suggested a possible misunderstanding of AGD’s advisory role.
Answered by Lord Markham - Shadow Minister (Science, Innovation and Technology)
The Department has had no discussions with NHS England regarding the July 2023 meeting of the Data, Digital and Technology Committee, or regarding the Advisory Group for Data’s (AGD) request that the version control on its draft terms of reference be updated to reflect the full circulation of the document, as well as the timing of the circulation.
The role of the advisory group is set out within the statutory guidance issued by the Department, in NHS England’s protection of patient data. We understand that the terms of reference for the AGD are currently in draft, with version control reflecting formal drafts as issued. NHS England, through the Privacy, Transparency and Trust team in the Delivery Directorate, has received feedback on the drafts, which will be published in due course following approval by, or on behalf of, the NHS England board.
Asked by: Lord Hunt of Kings Heath (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government, further to the meeting of the Advisory Group on Data (AGD) on 11 January, what discussions they have had with NHS England regarding AGD’s request that the version control on its draft Terms of Reference be updated to reflect the full circulation of the document, and the timing of such circulation.
Answered by Lord Markham - Shadow Minister (Science, Innovation and Technology)
The Department has had no discussions with NHS England regarding the July 2023 meeting of the Data, Digital and Technology Committee, or regarding the Advisory Group for Data’s (AGD) request that the version control on its draft terms of reference be updated to reflect the full circulation of the document, as well as the timing of the circulation.
The role of the advisory group is set out within the statutory guidance issued by the Department, in NHS England’s protection of patient data. We understand that the terms of reference for the AGD are currently in draft, with version control reflecting formal drafts as issued. NHS England, through the Privacy, Transparency and Trust team in the Delivery Directorate, has received feedback on the drafts, which will be published in due course following approval by, or on behalf of, the NHS England board.
Asked by: Lord Hunt of Kings Heath (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government, further to the remarks by Lord Markham on 25 January 2023 (HL Deb col 280) that the transfer of certain statutory functions would not weaken existing protections data and that data protection would remain a priority, what assessment they have made of the consistency with those remarks of the conclusion of the Data, Digital and Technology Committee of NHS England on 12 July 2023 that the Advisory Group for Data should be audited to ensure its decisions “are proportionate and are not unnecessarily disruptive to delivery and transformation”.
Answered by Lord Markham - Shadow Minister (Science, Innovation and Technology)
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.