Plans to allow police access to NHS data could erode trust in healthcare, England's Data Guardian warns
The Police, Crime, Sentencing and Courts Bill is set to go to the House of Lords later this month
Dr Nicola Byrne, England's National Data Guardian, has warned that the government's plans to force the NHS to share patients' confidential data with police forces are "problematic" and could "erode trust and confidence" in the healthcare system.
In an interview with The Independent, Byrne noted that she had serious concerns over clauses in the Police, Crime, Sentencing and Courts Bill, which "sets aside" the duty of confidentiality for doctors and other healthcare providers.
The data watchdog added that she had already conveyed her concerns over the bill to the government.
The bill is set to go through the House of Lords later this month, and could force NHS bodies to disclose private patient data with police and other specified authorities to prevent serious crime and violence in their local area.
Dr Byrne thinks the proposed law could deter patients from sharing vital information with doctors, and even from presenting for clinical care.
It could also see people giving false information to healthcare providers.
It is not yet clear what exact information will be covered by the bill, she said.
"The case isn't made as to why that is necessary. These things need to be debated openly and in public."
Dr Nicola Byrne was appointed as the National Data Guardian for Health and Social Care in March for the three years. She was selected through an open public appointment process, and is the second person to take up the role following Dame Fiona Caldicott, who passed away in February 2021.
In a blog post last week, Dr Byrne said that while she shares the sense of excitement about data-driven innovation, it is also important that "we don't lose sight of why transparency and the duty of confidence are so important within health and care."
"Successful data initiatives are underpinned by a commitment to transparency and an active understanding of what matters most to people. Professionals and the public want to be informed, involved, and to understand what choices people have."
In her response to the government's draft data strategy for health and care, Byrne said she emphasised "the importance of using clear, unambiguous language and being open with people about who might access data about them and why."
Byrne gave example of the recent uproar over General Practice Data for Planning and Research (GPDPR) programme, which she believes was the result of assumptions being made about what the public would tolerate.
GPDPR is currently on hold, with no new date for implementation announced by the government.
NHS Digital said in August that it would undertake a "listening exercise" before announcing a new start date for the programme.
The move reportedly came after 107,429 people opted out of the scheme in May, and nearly 1.3 million more followed in the next month.
Earlier in March, the government was forced to make a U-turn in the face of a legal challenge over involvement of 'spy tech' firm Palantir in the NHS Covid-19 data store.
At that time, it committed to not extending Palantir's contract beyond Covid without consulting the public, and also agreed to engage the public, via patient juries, before deciding whether such firms should be offered long-term contracts in the NHS at all.