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HC2013 Privacy and data protection challenges

HC2013 Privacy and data protection challenges. Information Governance issues when contracting with the private sector. Andrew Dyson, DLA Piper / Peter Wainman, Mills & Reeve NEC Birmingham 16 April 2013. Context – the NHS. Unique structure of the NHS Hospitals Foundation Trusts

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HC2013 Privacy and data protection challenges

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  1. HC2013Privacy and data protection challenges Information Governance issues when contracting with the private sector Andrew Dyson, DLA Piper / Peter Wainman, Mills & Reeve NEC Birmingham 16 April 2013

  2. Context – the NHS • Unique structure of the NHS • Hospitals • Foundation Trusts • GP practices • DH and central government • Local government • Agencies • Commissioners and providers • Private sector history • Connecting for Health/National Programme 2

  3. Context – the reform agenda • Structural change • Health and Social Care Act • Procurement, Patient Choice and Competition Regulations • Private sector and charities • Virgin Care, Circle • Clinical services • Social enterprises • New acronyms to learn • CCG, CSU, HSCIC, DMIC … • After NPfIT • Local projects • EPR

  4. Context – DPA & confidentiality laws • Data Protection Act 1998 • regulates 'data controllers' • imposes specific legal obligations to control the manner and purposes for which personal data (incl PID) may be processed • complementary to wider duties of confidentiality arising between patient and practitioner / Caldicott requirements • Key issues in the context of the reform agenda • where and how will data be stored / access / used across service boundaries? • who will be (legally) responsible for the data? • how will Information Governance compliance be achieved?

  5. Key issues Insert filename here

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  8. Key thoughts Invest time up front in resolving Information Governance issues Work cooperatively with all stakeholders Build in clarity about roles and responsibilities Remember the patient perspective 8

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