Minutes Wednesday 24 March 2021

2pm to 4pm

Microsoft teams

Attendees

Name	Representing	Role
Simon Madden (SM)	NHSX	Director of Policy and Strategy
Dr Joanne Bailey (JB)	National Data Guardian	Representing the National Data Guardian for Health and Social Care
Jackie Gray, Deputy Chair (JG)	NHS Digital	Executive Director of IG
Elizabeth Bohm (EB)	Health Research Authority	Head of Data and AI
Dr Tony Calland (TC)	Confidentiality Advisory Group	Chair of Confidentiality Advisory Group
Jenny Firth (JF)	NHSX	Acting Deputy Director, Data Policy
Ian Hulme (IH)	Information Commissioner’s Office	Director of Regulatory Assurance
Eddie Morris (EM)	Academy of Medical Royal Colleges	President of the Royal College of Obstetricians and Gynaecologists
Vicky Chico (VC)	Health Research Authority	Data Policy Advisor
David Evans (DE)	NHSX	IG Policy Lead
Sean Kirwan (SK)	NHSX	Senior Data Sharing and Privacy Specialist
Rachel Merrett (RM)	NHSX	Head of IG Stakeholder Engagement
Jenny Westaway (JW)	NDG	Head of the Office of the NDG
Noshaba Khan (NK)	NHSX	Business Support Manager

Apologies

Name	Representing	Role
Dr Robert Kyffin (RK)	Public Health England	Data & Information Policy and Partnerships Lead
Dawn Monaghan (DM)	NHSX	Head of IG Policy
Simon Richardson (SR)	Care Quality Commission	Information Rights Manager
Juliet Tizzard (JT)	Health Research Authority	Director of Policy

Items

	Item
1	Welcome and introductions The Chair welcomed members to the meeting and the apologies were noted.
2	Tribute to Dame Fiona Caldicott SM marked the sad passing of Dame Fiona.
3	Minutes and actions from the previous meeting Minutes - paper 01a The Panel members and Chair agreed and signed off minutes. Actions - paper 01b The actions log was noted by Panel members.
4	Pseudonymised data JF provided an update on the issue of de-identified data and whether it is owed a duty of confidentiality. SK agreed to work with CAG and NDG to address their points to ensure there is a clear position. The next step would be to produce guidance, which will set out a policy position. SM advised that an update can be provided via email between panel meetings.
5	Article 40 codes JG introduced the item. The working group, which is considering this article 40 code, recognised that a code for secondary use purposes should be as relevant as possible to social care. However, there is an issue associated with the code if it is intended to apply to all of social care, because part of social care is private. This would introduce the requirement to have an accredited monitoring body. It was agreed to continue to develop the code in an incremental way, having regard for social care, and if appropriate, re-visit to extend the scope to private sector organisations at a later date. JG agreed to speak with the CQC about them becoming an accredited monitoring body for the purposes of the code. TC suggested having a social care representative on the code working group to consider and advise on the impact on social care. JG agreed adding it may be helpful and also to widen the representatives to include representatives from a trust. Members supported the position outlined by JG.
6	Caldicott Guardian guidance JW provided an update on draft guidance about the appointment of Caldicott Guardians and their roles and responsibilities from the NDG, which is due to be published in May. Panel members supported and approved the guidance with no issues or concerns raised.
7	Direct marketing update RM provided an update and the concern expressed about the draft ICO’s code on direct marketing and the impact on the health and care system in terms of provisions for care and research. The Panel was working with the ICO to ensure a clear position and guidance for the system.
8	Records management code of practice RM introduced the item confirming the consultation closed in December and from the comments received, we are introducing some new sections like instant messaging. The code will be brought to the panel meeting in May.
9	Routine items Guidance log - paper 02a The guidance log was noted by Panel members. Risk register - paper 02b The risk register was also noted and it was agreed to close risk 1 and 3 and add a risk on training.
10	AOB RM provided an update on some initial thinking which is taking place relating to the various IG roles. There was no other business. Date of next meeting is 18 May 2021.