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Our GP Medical Records are about to be Shared / Sold - there is a 23rd June deadline to OPT OUT

Our GP Medical Records are about to be shared and maybe sold to anyone, unless we  fill in forms to OPT OUT that must be submitted by a 23rd June deadline.This has been covered in short pieces in a few places but most people are not aware. Have copied one piece below, bit lengthy, but it includes links to forms for Opting Out, for anybody who is not happy to have all their GP data shared/sold.The Government Wants to Sell Your GP Medical Records Here’s How to Opt-Out Phil Booth19 May 2021https://bylinetimes.com/2021/05/19/the-government-wants-to-sell-your-gp-medical-records-heres-how-to-opt-out/ Phil Booth sets out how people can protect their privacy following NHS Digital’s announcement that patients’ GP data will be shared.NHS patients’ GP records are the most detailed and sensitive medical records that exist, containing the history of events in an individual’s lifetime impacting their physical and mental health.But, from 1 July as The Register has reported, NHS Digital, has announced that “data may be shared from the GP medical records about… any living patient registered at a GP practice in England when the collection started”.NHS Digital – the health and social care system’s information and technology partner – will be able to take the following from GPs’ records: “Data about diagnoses, symptoms, observations, test results, medications, allergies, immunisations, referrals, recalls and appointments, including information about physical, mental and sexual health.” This will also include data about “staff who have treated patients”, and data “on sex, ethnicity and sexual orientation”, as well as other sensitive data.Although NHS Digital states that patients’ data will be extracted from GP systems across England “from 1 July 2021”,  its privacy notice states that individuals have until 23 June 2021 to opt-out. While its press release on the matter states that people can “opt-out at any time”, the privacy notice states: “NHS Digital will however still hold the patient data which was shared with us before you registered the Type 1 opt-out” – meaning that for anyone who has not opted-out by the time that their GP history is first extracted, the information taken will never be deleted. Having collected millions of patients’ GP histories, their data will be “disseminated” – including into the secret ‘VIP lanes’ for GP data.It is likely that the majority of the population will not be aware of any of this. It will not know that the Government has commanded NHS Digital to instruct their GP to hand over a copy of their lifelong medical history to be sold – because the Government has taken the decision not to tell anyone.When a similar GP data grab was attempted before, junk mail leaflets were sent to households. That programme failed. This time, patients could and should have been written to, as millions of people have been throughout the Coronavirus pandemic.If a member of the public did happen to find out about this programme, including the opt-out, they would be forgiven for believing that NHS Digital would not sell their health and care data – because that is exactly what it states on its website, including in this “mythbusting” fact-check about social media posts:Protecting PrivacyOn its website, NHS Digital states that it “is publicly funded and we operate on a cost-recovery basis” and that it does not “charge for data” – only to cover the cost of processing and delivering its service.Although it states that “there are lots of protections in place to make sure patient data is used securely and safely”, it is not doing the safest thing – which would be to not let its customers have copies of patients’ data at all.Like the Office for National Statistics and Genomics England, NHS Digital does now have what is known as a ‘safe setting’ – a secure data processing facility with layers of rules, approvals, protections and monitoring. But the Government has not made it mandatory for patients’ GP data to only be accessed via this highly secure, heavily audited environment. And so, in all likelihood, NHS Digital’s customers will continue to buy copies.NHS Digital does audit some (but not all) of its customers which receive copies of data. Several of these audits have revealed that, not only do organisations break the ‘protections’ in place, but that these do not stop them from getting data once they have been broken. Some of these protections are legal obligations, but audits have shown that one public body did not even conduct a legally-required data protection impact assessment.This newly-acquired GP data will be disseminated in the same way as patients’ NHS data collected from other health and care settings already is. After the failure of a similar data grab in 2014, NHS England undertook that any subsequent collection of GP data would be in a safe setting only. However, that promised safeguard is now entirely missing.The 2014 grab was stopped in the face of overwhelming protest at the flaws in the programme itself and how it was being communicated. Some may say that there is no point arguing with a Government that doesn’t listen and doesn’t seem to care – but if people do care, in this instance, they have choices. To fully opt-out from having your NHS data used for purposes beyond your direct care is a two-step process:1) If you have concerns and want to stop your and your family’s GP data being taken from your GP practice for purposes other than your direct care, you can do so by filling in and giving this ‘Type 1’ form to your GP practice. (This form allows you to include details for your children and dependants as well.) This is the most urgent step; the deadline to get your form to your GP is 23rd June 2021, according to NHS Digital.2) If you want to stop your non-GP data, such as hospital or clinic treatments, being used/sold for purposes other than your direct care (e.g. for “research and planning”) you should also do the following:•         If you are opting out just for yourself, use NHS Digital’s online National Data Opt-out process – this process only works for individuals aged 13 and over.•         If you have children under 13, you need to fill in this form and e-mail or post it back to NHS Digital – this form works for both you and your children.Make your choice, protect your records, and save your privacy.

Rae Lewis ● 1974d34 Comments

Sorry, the Financial Times Opinion piece was from 27.5.21. For anyone unable to get it, see below:Plans to share NHS data must be reconsideredThe editorial board May 27 2021 https://www.ft.com/content/e5fbaf09-34f5-4a08-8d3a-7fbc6e9e3c44 A hasty and ill-communicated campaign risks eroding patients’ trust.  A shocking aspect of the new plan is how little the general public knows about it A doctors’ surgery is a place of trust where patients divulge their most private concerns and ailments. On July 1, a vast pooling of surgery records will begin in England, with the NHS sharing data scraped from as many as 55m patients. It is an exercise lacking in transparency that risks eroding that trust at a time when the health service is held in high regard. The plans must be rethought, urgently. English surgeries hold digitised decades-long records on an entire population: almost a unique data trove in the world. The pandemic has shown how invaluable such a large data set is when it comes to rapid treatment. The idea is to now use it to improve planning for the next health emergency, and better target health campaigns.  Unfortunately, the government has not explained adequately how the NHS will safeguard patients’ records, or which third parties will have access to them, albeit pseudonymised. A threat of legal action now looms. Attempts by NHS Digital, which runs the health system’s IT, to assuage concerns leave more questions than answers. It says that it does not sell data but that it does charge organisations for access. “We do not allow data to be used solely for commercial purposes,” it pledges. The word “solely” does much heavy-lifting in that sentence. Precedent does not inspire confidence. In 2017, the Information Commissioner’s Office ruled that an NHS Trust broke data protection laws when it shared 1.6m patient records with DeepMind, a unit of Google. A shocking aspect of the new plan is how little the general public knows about it, and how hard it is to dissent: to opt out, patients must fill out a form and deliver it to their surgery by June 23, at a time when surgeries are overwhelmed. Patients must be able to make informed consent about such a novel use of their data, and must be able to opt out more easily. In 2013, the Care.data project also aimed to pool general practitioner records, forewarning patients by leafleting them at home. After a predictable outcry, the plan was scrapped and the government pledged to learn lessons. The main lesson it seems to have learnt is not to properly inform the public this time around: while flyers detailing the new plans have been available in surgeries, access has been limited during lockdowns. The timing is also suspect. The pandemic has forced trade-offs between privacy and public health through initiatives such as test-and-trace systems — themselves not without controversy. The government seems to be taking advantage of this to push through an even larger data-harvesting exercise. A natural instinct would be to demand an opt-in rather than opt-out process. Alas, when offered that choice, people understandably choose not to share their data. And when it comes to data sets’ value, size matters.Academics and researchers must be able to use the data for projects in the public good without the risk that it is then exploited for commercial gain, unless patients give their explicit informed consent. One model is how the Office for National Statistics makes sensitive census and tax data available through a tightly controlled environment where information can be used but not passed on. There is no good reason for rushing an exercise with vast privacy implications. The government must properly explain how patient data may be used and by whom. Otherwise, the risk is that the public understandably views a potentially worthwhile project with distrust, and the NHS’s brand becomes tarnished through no fault of frontline workers. Sunlight is indeed the best disinfectant.

Rae Lewis ● 1968d