NHS England has been advised by legal experts that certain aspects of its Federated Data Platform (FDP) may lack a legal basis, potentially requiring citizens to have the option to opt out of data sharing, as reported by The Register.
Palantir, a US data analytics company, was awarded the contract for the FDP in November 2023 with the goal of consolidating information from various systems into one location for hospitals.
According to documents shared with the FDP board in March 2024, legal advice indicated that the proposed privacy-enhancing technology (PET) from IQVIA may not have a clear legal standing to proceed.
The board was informed by King’s Counsel that a separate lawful basis may be needed to process personal confidential data (PCD) with PET, potentially requiring a Section 251 and allowing patients to opt out under current legislation.
NHSE is working with legal and information governance teams to address this issue, with further advice expected as of March 2024.
Rosa Curling of Foxglove emphasized the importance of transparency and trust in the FDP, urging the government to clarify legal backing and let patients decide if changes are sufficient.
An NHSE spokesperson emphasized the FDP’s potential to improve healthcare through data connectivity and emphasized the rigorous information governance framework in place.
IQVIA was contacted for comment but had not responded at the time of publication.
In response to concerns raised by organizations like Foxglove, NHSE disputed claims of improper legal basis for the FDP as described in procurement documents, stating the concerns were incorrect.
