The Tories are selling your GP records to the highest bidder. Here’s how to to stop them.

The Canary May 26th 2021

The Tories are going to sell your NHS medical records. Not that this is new. Because they’ve been flogging them off already. But what is new is that this scheme is larger than previous ones. And you have a deadline to opt out by.

Flogging your NHS data

Byline Times has reported that the Department for Health and Social Care (DHSC) is going to be selling people’s data from GP practices. As writer Phil Booth noted:

from 1 July, 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… 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.

Enter the corporations
Its website states that some organisations may “need access” to your data. NHS Digital says “these include but may not be limited to” several government bodies, including Public Health England. But crucially, NHS Digital also says it can give access to your data to:
research organisations, including universities, charities, clinical research organisations that run clinical trials and pharmaceutical companies
But here’s the thing. The Tories have already been selling off patient data to private companies.
Already happening

The Observer reported in December 2019 that:

US drugs giants, including Merck… Bristol-Myers Squibb and Eli Lilly, have paid the [DHSC], which holds data derived from GPs’ surgeries, for licences costing up to £330,000 each in return for anonymised data to be used for research.

On this occasion, it was the Clinical Practice Research Datalink (CPRD) that was selling data, not NHS Digital. It’s another government body. Meanwhile, the government claimed that the info was anonymous. It also said the sales were in line with all regulatory requirements. But then, the Observer followed the story up in February 2020. And it claimed that this anonymisation was not strictly that. One campaign group told it that:

Removing or obscuring a few obvious identifiers, like someone’s name or NHS number from the data, doesn’t make their medical history anonymous. Indeed, the unique combination of medical events that makes individuals’ health data so ripe for exploitation is precisely what makes it so identifiable. Your medical record is like a fingerprint of your whole life.

Years in the planning
As the British Medical Journal (BMJnoted, this data sharing plan has been in the pipeline for several years:
the current position on extracting patient data is a bit of a mess: a patchwork of agreements between different research bodies and individual practices (or groups of practices). For the past three years NHS Digital has worked with the Royal College of General Practitioners (RCGP), the BMA [British Medical Association], and others to develop a more coherent structure and process. This new method of data collection, the General Practice Database for Planning and Research (GPDPR), will enable these activities to continue more broadly beyond the pandemic.

In short, everyone’s GP records will be pooled together in one place. But as the BMJ also said, neither the RCGP nor the BMA have “endorsed this process”. This is despite them working with NHS Digital on it. So, it seems the government is pushing ahead with it anyway. It claims this is to do with the coronavirus (Covid-19) pandemic. But of course, the reason for this is all about money.

A £10bn money-spinner. But it’s all legit, obvs.

It’s little wonder the Tories want to flog your medical records. Because as the Observer wrote:

Access to NHS data is increasingly sought by researchers and global drugs companies because it is one of the largest and most centralised public organisations of its kind in the world, with unique data resources.

It put the value of our medical data at £10bn a year. But of course, the government claims this is all perfectly legit. It told the Observer in 2019 that “rigorous processes” meant people’s privacy was protected. And it said that:

Ethically conducted research using CPRD patient data sets has brought enormous benefits to patient care, including providing evidence for the National Institute for Health and Care Excellence (NICE) blood-pressure targets for patients with diabetes, as well as working with universities, regulators and the pharmaceutical industry who research the safety of their medicines.

But as Byline Times reported, the Tories have just made a concession.

Opt-out, now

On 12 May, NHS Digital updated its website. The public now has an opt-out date. NHS Digital states that it will start sharing data on 1 July. But if you don’t want the government to share your data, you need to opt out by 23 June. There’s a form you need to complete. You can access it here via instant download. Then, you need to send this to your GP by 23 June.

But you need to do it now. Because if you opt-out later than the 23 June deadline, then all your records up to the point you officially submit your wishes can be shared anyway. Meanwhile, as the Financial Times (FTreported, a campaign group has already begun a legal challenge to the new rules. The FT also noted that, essentially, the DHSC tried to sneak this under the radar:

The plan to create a new data set was announced by Matt Hancock… in early April and publicised mainly on blogs on the NHS Digital website, and through flyers at GP surgeries

Stop this Tory sneakery

Of course, the Tories sneaking around makes sense. Because a similar plan by the government fell flat on its face. The BMJ  said this was “partly” due to public “mistrust”:

Consent to share data involves trust, and the ill fated care.data project five years ago collapsed partly because of patients’ mistrust about how their data might be used. Concern hasn’t been voiced on a similar scale this time, but that may be because so few people know about

So it’s crucial that as many people as possible know about the Tories’ data sale. Spread the word. Opt out. Because otherwise the Tories will soon be selling off your personal data to the highest bidder. And who knows where it could end up.

England’s NHS plans to share patient records with third parties

Financial Times May 26th 2021

55m patients have until June 23 to opt out of having their health data scraped into a new database

England’s NHS is preparing to scrape the medical histories of 55m patients, including sensitive information on mental and sexual health, criminal records and abuse, into a database it will share with third parties.

The data collection project, which is the first of its kind, has caused an uproar among privacy campaigners, who say it is “legally problematic”, especially as patients only have a few weeks to opt out of the plan.

NHS Digital, which runs the health service’s IT systems, confirmed the plan to pool together medical records from every patient in England who is registered with a GP clinic into a single lake that will be available to academic and commercial third parties for research and planning purposes.

Cori Crider, co-founder of Foxglove, a campaign group for digital rights, said: “We all want to see the NHS come out of the pandemic stronger” but noted that the NHS had been “completely silent” on who would have access to the data.

“Is it pharma companies? The health arm of Google Deepmind? If you ask patients whether they want details of their fertility treatment or abortion, or results of their colonoscopy shared with [those companies], they’re not going to want that,” she said.

Foxglove has issued a legal letter to the Department of Health and Social Care, questioning the lawfulness of the plans under current data protection laws, and threatening further legal action.

Rosa Curling, a solicitor at Foxglove, wrote in the letter that she had “serious concerns” about the legality of the move because no explicit consent had been given and “very few members of the public will be aware that the new processing is imminent, directly affecting their personal medical data”.

Patients have until June 23 to opt out by filling in a form and taking it to their GP before their historical records will become a permanent and irreversible part of the new data set. Patients who opt out after the deadline can stop future data from being funnelled into the new system.

The plan to create a new data set was announced by Matt Hancock, health secretary, in early April and publicised mainly on blogs on the NHS Digital website, and through flyers at GP surgeries, said NHS Digital, which added that the plans had been in the works for three years.

But Phil Booth, founder of advocacy group MedConfidential, said: “They’re trying to sneak it out, they are giving you six weeks nominally and if you do not act based on web pages on the NHS digital site and some YouTube videos and a few tweets, your entire GP history could have been scraped, never to be deleted.” He added that the NHS had “opaque” commercial relationships, often through middlemen, and that it would be difficult to trace who ultimately sees the data. NHS Digital says on its website that it publishes a monthly register of who it has released data to, and whether the data is anonymised or not.

Data that directly identifies patients will be replaced with unique codes in the new data set, but the NHS will hold the keys to unlock the codes “in certain circumstances, and where there is a valid legal reason”, according to its website. NHS Digital said the Information Commissioner’s Office, the UK’s data regulator, had not objected to its plans, and that it was in the process of delivering a data protection impact assessment.

The plan comes following an attempt in 2013 to extract GP records into a central database, called the Care.data programme, which was abandoned in 2016 after complaints about confidentiality and commercial use.

……………

The form referred in the FT article.

Register your Type 1 Opt-out preference

The data held in your GP medical records is shared with other healthcare professionals for the purposes of your individual care. It is also shared with other organisations to support health and care planning and research.

If you do not want your personally identifiable patient data to be shared outside of your GP practice for purposes except your own care, you can register an opt-out with your GP practice. This is known as a Type 1 Opt-out. 

Type 1 Opt-outs may be discontinued in the future. If this happens then they may be turned into a National Data Opt-out. Your GP practice will tell you if this is going to happen and if you need to do anything. More information about the National Data Opt-out is here: https://www.nhs.uk/your-nhs-data-matters/ *** (see my comments below).

You can use this form to:

  • register a Type 1 Opt-out, for yourself or for a dependent (if you are the parent or legal guardian of the patient) (to Opt-out)
  • withdraw an existing Type 1 Opt-out, for yourself or a dependent (if you are the parent or legal guardian of the patient) if you have changed your preference (Opt-in)

This decision will not affect individual care and you can change your choice at any time, using this form. This form, once completed, should be sent to your GP practice by email or post.

Details of the patient

Title 
Forename(s) 
Surname 
Address       
Phone number 
Date of birth 
NHS Number (if known)          

Details of parent or legal guardian

If you are filling in this form on behalf of a dependent e.g. a child, the GP practice will first check that you have the authority to do so.  Please complete the details below:

Name 
Address     
Relationship to patient 

Your decision

Opt-out  

I do not allow my identifiable patient data to be shared outside of the GP practice for purposes except my own care.

OR

I do not allow the patient above’s identifiable patient data to be shared outside of the GP practice for purposes except their own care.

Withdraw Opt-out (Opt-in)

I do allow my identifiable patient data to be shared outside of the GP practice for purposes beyond my own care.

OR

I do allow the patient above’s identifiable patient data to be shared outside of the GP practice for purposes beyond their own care.

Your declaration

I confirm that:

  • the information I have given in this form is correct
  • I am the parent or legal guardian of the dependent person I am making a choice for set out above (if appliable)

Signature

Date signed

When complete, please post or send by email to your GP practice

—————————————————————————————————————-

For GP Practice Use Only

Date received 
Date applied 
Tick to select the codes appliedOpt – Out – Dissent code: 9Nu0 (827241000000103 |Dissent from secondary use of general practitioner patient identifiable data (finding)|) 
 Opt – In – Dissent withdrawal code: 9Nu1 (827261000000102 |Dissent withdrawn for secondary use of general practitioner patient identifiable data (finding)|)] 

** The NHS Digital statements are misleading. Once your data is collected, it cannot be withdrawn. If you opt out later, it is only data about you after that later opt-out date which does not go into the dataset.

NHS Bill likely to be announced in May 11th Queen’s Speech

NHS Bill likely to be announced in May 11th Queen’s Speech

The issues – and what campaigners can do now

Dear KONP member,

One of KONP’s key priorities is to campaign against the government’s plans for Integrated Care Systems (ICSs), that were set out in a recent White Paper as a preliminary to a Health and Care Bill. 

We are seriously concerned that these plans will

·       increase the fragmentation and privatisation of the NHS;

·       have significant and negative implications for the NHS workforce;

·       marginalise local authorities;

·       reduce accountability to local communities; and 

·       raise serious issues about digitalised care and corporate access to patients’ care records.

It’s thought that the Health and Care Bill will be announced in the Queen’s Speech on 11th May, published towards the end of May, and moved swiftly to a second reading.

An overview of government White Paper proposals and why we need to campaign against them can be found here.

The KONP ICS Working Group is asking local groups to take urgent action at a number of levels and has produced a range of campaign materials, now on line, to support this. 

These include:

·       a petition to circulate widely

·       a model motion for trade union branches 

·       a model motion for Labour branches and CLPs

·       a letter for councillors/MPs

·       an A5 leaflet opposing the further roll out of ICSs

·       an A4 leaflet with more detail opposing the further roll out of ICSs.

In addition, we will shortly make available 

·       a Power Point presentation, with speakers’ notes, explaining the implications of ICSs and highlighting issues for campaigning, and

·       a YouTube recording of this slide show. 

(More information to follow.)

The KONP website page on ICSs also provides a range of background material, including a three part analysis of ICSs:

§  Part 1Corporate Agenda for Integrated Care  on the themes running through NHSE’s ‘Integrating Care’ including the use of digital and data to drive system working, reform of the NHS payment system, and the influence of multi-national corporates through the NHSE’s Health Systems Support Framework (HSSF);  

 

§  Part 2: An alternative vision: achieving democratic accountabilityaddressing the lack of democratic accountability in ICSs; 

 

§  Part 3: Social care: relationship to ICSs considering threats to social care from ICSs. 

Further resources can be found on the KONP Resources Cabinet under Integrated Care Systems.

With many thanks,

Jan Savage

 On behalf of the KONP ICS Working Group