England's Data Guardian warns of plans to grant police access to patient data
- Reference: 1633954618
- News link: https://www.theregister.co.uk/2021/10/11/data_guardian_police_bill/
- Source link:
Speaking to the [1]Independent newspaper , Dr Nicola Byrne said she had raised concerns with the government over clauses in the [2]Police, Crime, Sentencing and Courts Bill .
The bill, set to go through the House of Lords this month, could force NHS bodies such as commissioning groups to share data with police and other specified authorities to prevent and reduce serious violence in their local areas.
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Dr Byrne said the proposed law could "erode trust and confidence, and deter people from sharing information, and even from presenting for clinical care."
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Meanwhile, the bill
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did not detail what information it would cover, she said. "The case isn't made as to why that is necessary. These things need to be debated openly and in public."In a [7]blog published last week , Dr Byrne said the bill imposes a duty on clinical groups in the NHS to disclose information to police without breaching any obligation of patient confidentiality.
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"Whilst tackling serious violence is important, it is essential that the risks and harms that this new duty pose to patient confidentiality, and thereby public trust, are engaged with and addressed," she said.
[9]Brit law firm files suit against Google and Deepmind over use of hospital patients' data
[10]NHS England's release of 'details' on access to Palantir COVID-19 data store: Good enough? We're in a 'dialogue' says national data watchdog
[11]UK's National Data Guardian warned about GP data grab being perceived as going 'under the radar'
[12]Watchdog 'disappointed' it took NHS England over a year to release details of access to Palantir COVID-19 data store
"People need to trust that they can share information in confidence with those responsible for their care without worrying how it will be used, by the police or others. And health professionals need to trust that that confidential information they routinely collect as part of care will not be used in ways that could negatively impact care, or which may be at odds with their professional and ethical duties and obligations to their patients.
"If people feel that their information may be used in unexpected ways, for purposes they may not support, this greatly undermines the fundamental relationship of trust. The effect may be to deter patients from seeking treatment, or, when seeking treatment, to only disclose partial or false details, thereby denying clinicians the information they need to deliver safe and effective care."
The bill is at the committee stage in the House of Lords, and is set to have its first sitting on 20 October 2021.
In her newspaper interview, Dr Byrne also warned that emergency powers the government introduced to allow patient data sharing at the beginning of the pandemic could not run on indefinitely after they were extended to March 2022.
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In August, Dr Byrne [14]declined to endorse NHS England's effort to be "transparent" with its recently published detail on data flows from a patient medical information project that put US spy-tech firm Palantir at the heart of the government's response to the pandemic.
The COVID-19 data store was launched in March 2020, and would pull together medical and operational data about the spread of the virus. NHS England and NHS Improvement published a "data dissemination register" on 12 August 2021. But Dr Byrne later said she would "continue our ongoing dialogue with NHS England and NHS Improvement about their work." ®
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[1] https://www.independent.co.uk/news/health/nhs-data-guardian-police-covid-b1934912.html
[2] https://bills.parliament.uk/bills/2839
[3] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_software/databases&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=2&c=2YWRfvy87L5nwQW-D3pEH6gAAAAE&t=ct%3Dns%26unitnum%3D2%26raptor%3Dcondor%26pos%3Dtop%26test%3D0
[4] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_software/databases&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44YWRfvy87L5nwQW-D3pEH6gAAAAE&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[5] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_software/databases&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33YWRfvy87L5nwQW-D3pEH6gAAAAE&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0
[6] https://bills.parliament.uk/publications/42132/documents/484
[7] https://www.gov.uk/government/news/data-driven-innovation-why-confidentiality-and-transparency-must-underpin-the-nations-bright-vision-for-the-future-of-health-and-care
[8] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_software/databases&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44YWRfvy87L5nwQW-D3pEH6gAAAAE&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[9] https://www.theregister.com/2021/09/30/royal_free_deepmind_representative_action_uk/
[10] https://www.theregister.com/2021/08/31/nhs_england_palantir_covid_19_dataset/
[11] https://www.theregister.com/2021/08/19/ndg_warned_about_gp_data/
[12] https://www.theregister.com/2021/08/18/nhs_england_palantir_register/
[13] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_software/databases&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33YWRfvy87L5nwQW-D3pEH6gAAAAE&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0
[14] https://www.theregister.com/2021/08/18/nhs_england_palantir_register/
[15] https://whitepapers.theregister.com/
Re: Ahhh... Taking back control.
I suppose, because I opted out of sharing my medical data, I am probably now classed by the "Etonians in power" as a terrorist...
Prowlers
So now instead of prowling the streets for vulnerable women, they will be able to just query the database and get a list of addresses?
Or they can get a nice list of chronic pain patients and then check which of them grow cannabis, because they cannot afford private prescription?
Re: Prowlers
Even "better" than that - they can get a handy list of blokes with suitable "issues" they can fit up for it as well!
It's a bit late now
We could have raised this with our MP's a while back while it was still in the commons.
What a nasty bill this is - a bunch of racist measures towards travellers in there are well.
Re: It's a bit late now
Some of us did when RIPA and IPA were in the House of Commons. It sometimes helps when your MP makes an appearance in Parliament.
Re: It's a bit late now
Zoom issues?
A Real Nazty Virus ......
Seems like Political Party Conservatism and Parliamentary Democracy have caught/been smitten/are spreading the National Socialism bug.
Who wants to tell them it doesn't deliver final solutions?
Are MPs and Westminster staff tested at all for recreational drugs or illegal substances? Is the water safe to drink in the Lower and Upper House environs or has it been tampered with? Where/What do you think the source cause of the batshit crazy outbreak be?
And this story is the perfect reason
Why your reg poll on opt-out medical data sharing is at the time of writing 86% against...
checks and balances
I thoroughly support the police having access to medical records to aid their role in public safety.
Limited, specific access, granted by a court signed warrant.
The police keep spending their timing seeking non-crimes to target people then complaining they lack the resources to investigate theft and assaults, or to address inner-city youth knife crime, or stop people blocking roads and causing disruption to further political aims. Perhaps I'm cynical for thinking this is just yet another work avoidance measure.
Re: checks and balances
The thing is it's easier to invent a crime based around evidence handed to you on a plate than it is to investigate a real one. Get more convictions in the madey-uppy ones and you get a higher percentage "clear up rate" and therefore more Policeman Points. Simple, really.
(Satan icon to indicate high sarcasm levels...)
Trust or right?
"If people feel that their information may be used in unexpected ways, for purposes they may not support, this greatly undermines the fundamental relationship of trust. [...]"
If their information may be used in unexpected ways, for purposes they may not support this is currently illegal in the EEA and the UK. The GDPR is grounded in specificity and transparency. If the UK government decides to dismantle the requirement for these, they'll effectively castrate the entire regulation.
However, in view of the UK regulator's poor record in pursuing common transparency failures observed over the last three years it's a moot point whether that hasn't effectively been done already.
Your council will want access...
...to evaluate who is likely to put rubbish in the wrong bin.
Re: Your council will want access...
You couldn't make this sort of shit up. Still can't get over them actually sending a special van round to collect and sift through our recycling to check we weren't "contaminating" it; no wonder our council tax is exorbitant.
Immigrants, lets not kid ourselves here. Best way for the police to find them.
Problematic At a Minimum
What if I share with my doctor that I use illicit substances? Could the police use that info to secure a search warrant for my residence, so they could arrest and imprison me?
What about if I share that I'm gay, for instance if I had HIV, could a future authoritarian regime then come after me for persecution?
Just two instances that I thought of, I'm sure there are as many reasons to keep one's medical info private as there are people needing medical care. It's a bad idea all around.
"But if you've got nothing to hide..."
"But if you've got nothing to hide..." they will say
All well and good until they discover from your medical records you have a distinctive mole on your thingummy and that fits the description of the miscreant
This was always the end game
allow data sharing between NHS bodies and the police
"Sharing" is such an anodyne term. So much warmer and fuzzier than than "police smashing down your door because they misunderstood something you said to your doctor in (what you naively thought was) a private conversation."
"disclose information to police without breaching any obligation of patient confidentiality"
The logic in this seems strangely familiar....
Ah, yes, I remember. We can leave the EU without reimposing a hard border in Ireland and without creating a new one in the Irish Sea. Perhaps it would be as well to see how that conundrum can be solved before creating a new one.
Ahhh... Taking back control.
See the government is doing what they promised. Taking (some sort of) control back from the peasants and giving it back to those in power.
All is good again.