To match an exact phrase, use quotation marks around the search term. eg. "Parliamentary Estate". Use "OR" or "AND" as link words to form more complex queries.


View sample alert

Keep yourself up-to-date with the latest developments by exploring our subscription options to receive notifications direct to your inbox

Written Question
Medical Records: Data Protection
Thursday 29th February 2024

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 - Parliamentary Under-Secretary (Department of Health and Social Care)

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.


Written Question
Medical Records: Data Protection
Thursday 29th February 2024

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 - Parliamentary Under-Secretary (Department of Health and Social Care)

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.


Written Question
Medical Records: Data Protection
Monday 19th February 2024

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 - Parliamentary Under-Secretary (Department of Health and Social Care)

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.


Written Question
Medical Records: Data Protection
Monday 19th February 2024

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 - Parliamentary Under-Secretary (Department of Health and Social Care)

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.


Written Question
Medical Records: Data Protection
Monday 19th February 2024

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 - Parliamentary Under-Secretary (Department of Health and Social Care)

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.


Written Question
Medical Records: Data Protection
Monday 19th February 2024

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 - Parliamentary Under-Secretary (Department of Health and Social Care)

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.


Written Question
Medical Records: Data Protection
Wednesday 24th January 2024

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 - Parliamentary Under-Secretary (Department of Health and Social Care)

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.


Written Question
Medical Records: Data Protection
Wednesday 24th January 2024

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 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.

Answered by Lord Markham - Parliamentary Under-Secretary (Department of Health and Social Care)

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.


Written Question
Medical Records: Data Protection
Wednesday 24th January 2024

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 whether they will publish all performance management and audits undertaken by NHS England into the work and performance of the Advisory Group for Data.

Answered by Lord Markham - Parliamentary Under-Secretary (Department of Health and Social Care)

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.


Written Question
Medical Records: Data Protection
Wednesday 29th November 2023

Asked by: Stewart Malcolm McDonald (Scottish National Party - Glasgow South)

Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, what steps her Department is taking to ensure the security and privacy of patient data transmitted through Chinese-made cellular internet of things modules.

Answered by Andrew Stephenson - Minister of State (Department of Health and Social Care)

The Department keeps the security issues associated with internet facing technology/components, including implications for patient data, under close review as part of its overall approach to security, and in line with Government Security Group, National Protective Security Authority and National Cyber Security Centre guidance. The Data Security and Protection Toolkit, which sets the cyber security standard for health and care organisations, sets out expectations regarding organisations using appropriate technical controls, such as encryption, to protect data.

The National Security and Investment Act allows the Government to intervene where foreign direct investment is targeted at innovative companies within the United Kingdom. Where such investment is within critical sectors, it is mandatory to notify the Government and this is subject to thorough assessment by the national security community. The Procurement Bill will also provide powers for the Government to exclude and debar companies from public procurement where the Government assesses there to be an intolerable national security risk.