EHS-COVID (499) What have we learned about policy development during a pandemic? (4) Using patient data to inform public health

7 December, 2021

A significant change in England was the issue of COPI notices. These notices on behalf of the Director of Policy and Strategy, NHSX, Department of Health and Social Care On behalf of the Secretary of State for Health and Social Care increased the sharing of personal health data during the pandemic.

From listening to various national and international webinars I have the feeling that these notices will be extended and that the increased data sharing will result permanently.

Here is the link and below it is an extract of the letter. [*see note below]

https://digital.nhs.uk/coronavirus/coronavirus-covid-19-response-informa...

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Covid-19 – Notice under Regulation 3(4) of the Health Service Control of Patient Information Regulations 2002

The health and social care system is taking action to manage and mitigate the spread and impact of the current outbreak of Covid-19. Action to be taken will require the sharing of confidential patient information amongst health organisations and other appropriate bodies for the purposes of protecting public health, providing healthcare services to the public and monitoring and managing the outbreak.

I am therefore writing to you to serve notice on the Health and Social Care Information Centre, known as NHS Digital, under Regulation 3(4) of the Health Service Control of Patient Information Regulations 2002 (COPI) to require NHS Digital to process confidential patient information in the manner set out below for purposes set out in Regulation 3(1) of COPI (insofar as those purposes relate to the current outbreak of Covid-19).

1. Purpose of this Notice

The purpose of this Notice is to provide NHS Digital with the necessary statutory power to disseminate confidential patient information to organisations permitted to process confidential patient information under Regulation 3(3) of COPI for the purposes set out in Regulation 3(1) of COPI to support the Secretary of State’s response to Covid-19 (Covid-19 Purpose).

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I consider this Notice is necessary so that NHS Digital can lawfully and efficiently disseminate confidential patient information to those organisations set out in Regulation 3(3) of COPI being persons employed or engaged for the purposes of the health service or other persons employed or engaged by a Government Department or other public authority in communicable disease surveillance in connection with the health and social care system’s management of the response to Covid-19.

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HIFA profile: Richard Fitton is a retired family doctor - GP, British Medical Association. Professional interests: Health literacy, patient partnership of trust and implementation of healthcare with professionals, family and public involvement in the prevention of modern lifestyle diseases, patients using access to professional records to overcome confidentiality barriers to care, patients as part of the policing of the use of their patient data

Email address: richardpeterfitton7 AT gmail.com

[*Note from HIFA moderator (Neil PW): Richard refers to the latest COPI notice 'Extended COPI notice to NHS Digital dated 27 August 2021' at the above URL]