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The New Code of Practice On Confidential Information Professor Martin Severs

HSCIC's Professor Martin Severs previewing the HSCIC's forthcoming 'New Code of Practice on Confidential Information

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Presentation made by Professor Martin Severs, HSCIC Caldicott Guardian and Lead Clinician, at the Healthcare Conferences UK event 'Information Governance Implementing the Government Response to Caldicott2', to preview the new HSCIC Code of Practice on Confidential Information. This event was held at London's Hallam Conference Centre, on Wednesday 12 November 2014.

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Page 1: HSCIC's Professor Martin Severs previewing the HSCIC's forthcoming 'New Code of Practice on Confidential Information

The New Code of Practice

On Confidential Information

Professor Martin Severs

Page 2: HSCIC's Professor Martin Severs previewing the HSCIC's forthcoming 'New Code of Practice on Confidential Information

Key topics

• Who are the HSCIC and do they do

anything?

• What is the code of practice

– Who does it affect

– What is in scope (and what isn’t)

• Practices to implement

• Timescales

– Aiming to publish by the end of November

2

Page 3: HSCIC's Professor Martin Severs previewing the HSCIC's forthcoming 'New Code of Practice on Confidential Information

HSCIC:

Who are they?

Are they part of the NHS?

3

August 2014: Work by MORI on behalf of NHS England

Page 4: HSCIC's Professor Martin Severs previewing the HSCIC's forthcoming 'New Code of Practice on Confidential Information

What we do

We set standards that protect

patient’s confidential information, reduce

bureaucracy and improve data quality

We operate essential technology services

that support the health and care system

We collect, analyse and publish

national data and statistical information

that helps inform decision making

We develop the next generation of

national data and information systems

Page 5: HSCIC's Professor Martin Severs previewing the HSCIC's forthcoming 'New Code of Practice on Confidential Information

Who we are

Page 6: HSCIC's Professor Martin Severs previewing the HSCIC's forthcoming 'New Code of Practice on Confidential Information

What we do

NHS Mail

600,000 registered

users

GP2GP

89% of clinicians

agree it improves

patient experience

The Spine

Contains 80

million records

NHS Choices

Handles 29 million

enquiries a month

Electronic

Prescription

Service

Potential to save the

NHS £179M a year

Informing public

discussion

3,000 news stories

used our statistics

Page 7: HSCIC's Professor Martin Severs previewing the HSCIC's forthcoming 'New Code of Practice on Confidential Information

What we do

GP Payments

Service

Calculates and pays

over £7.2 billion

annually

Choose and Book

50 million patients

referrals reached

Statistical

reports

220 statistical

reports published

Screening

Helps to detect over

13,500 invasive

cancers

National Back

Office

Manages accuracy

of 6.3 million

transactions

Page 8: HSCIC's Professor Martin Severs previewing the HSCIC's forthcoming 'New Code of Practice on Confidential Information

What is the code of practice

• Describes good practice for any organisation

that collects, analyses, publishes or

disseminates “confidential information”

• Health and Social Care Information Centre

has a legal duty to publish the code

8

Page 9: HSCIC's Professor Martin Severs previewing the HSCIC's forthcoming 'New Code of Practice on Confidential Information

Who does it affect

• Public bodies have to “have regard” to the

code of practice

• Other organisations may have to have regard

through contracts

9

Page 10: HSCIC's Professor Martin Severs previewing the HSCIC's forthcoming 'New Code of Practice on Confidential Information

Key exclusions

• Care record keeping

• Systems for the direct provision of care

• Information solely about Children’s Social

Care (Department for Education lead on

children’s social care)

10

Page 11: HSCIC's Professor Martin Severs previewing the HSCIC's forthcoming 'New Code of Practice on Confidential Information

Scope of the code of practice

which

identifies a

person

Information …

Patients

Care recipients

Carers

Family members

Care professionals

Public sector staff

Page 12: HSCIC's Professor Martin Severs previewing the HSCIC's forthcoming 'New Code of Practice on Confidential Information

Scope of the code of practice

which

identifies a

person

may

help identify

a person

Information …

Patients

Care recipients

Carers

Family members

Care professionals

Public sector staff

Page 13: HSCIC's Professor Martin Severs previewing the HSCIC's forthcoming 'New Code of Practice on Confidential Information

Scope of the code of practice

held in

confidence

which

identifies a

person

may

help identify

a person

Information …

Fœtuses

Contracts

Security plans

Page 14: HSCIC's Professor Martin Severs previewing the HSCIC's forthcoming 'New Code of Practice on Confidential Information

Scope of the code of practice

held in

confidence

which

identifies a

person

concerning English health or

adult social care provision

may

help identify

a person

Information …

Page 15: HSCIC's Professor Martin Severs previewing the HSCIC's forthcoming 'New Code of Practice on Confidential Information

Scope of the code of practice

held in

confidence

which

identifies a

person

concerning English health or

adult social care provision

may

help identify

a person

Information …

Page 16: HSCIC's Professor Martin Severs previewing the HSCIC's forthcoming 'New Code of Practice on Confidential Information

Scope of the code of practice

information which:

• identifies any person, or

• allows the identity of anyone to be discovered, or

• is held under a duty of confidence

and is concerned with the provision of health services or adult social care in England

Page 17: HSCIC's Professor Martin Severs previewing the HSCIC's forthcoming 'New Code of Practice on Confidential Information

The key practices

Through the seven stages of handling confidential information

Page 18: HSCIC's Professor Martin Severs previewing the HSCIC's forthcoming 'New Code of Practice on Confidential Information

The key practices to follow

Establish the purpose of arrangements to handle confidential information

Practices

• State what you are

intending to achieve

• Check whether available

information will help you

achieve it

• For research, follow the

research governance

framework

Page 19: HSCIC's Professor Martin Severs previewing the HSCIC's forthcoming 'New Code of Practice on Confidential Information

The key practices to follow

Establish and use standards

for handling data

Practices

• Use standards

• Define standards if

necessary

• Minimise burden /

inefficiency

• Avoid transcription

Page 20: HSCIC's Professor Martin Severs previewing the HSCIC's forthcoming 'New Code of Practice on Confidential Information

The key practices to follow

Recognise people’s objections to the handling of information about them

Practices

• All organisations

– Record objections

– Share objections with

recipients if a legal flow

remains

– Share the number of

records omitted where

there is no legal flow of

confidential information

Page 21: HSCIC's Professor Martin Severs previewing the HSCIC's forthcoming 'New Code of Practice on Confidential Information

The key practices to follow

Implement systems for handling confidential information

Practices

• Implement

– Efficient systems

– Safe systems

– Good management

systems for example using

ISO standards

– Minimise risk of breach for

example by encrypting,

anonymising or

pseudonymising as soon

as practical

Page 22: HSCIC's Professor Martin Severs previewing the HSCIC's forthcoming 'New Code of Practice on Confidential Information

The key practices to follow

Adopt sound analysis of

confidential data

Practices

• Analysis should

– Be scientific

– Follow best practice

– Be transparently

documented

• Quality should be

monitored, assured and

reported

• Repeated analysis

Page 23: HSCIC's Professor Martin Severs previewing the HSCIC's forthcoming 'New Code of Practice on Confidential Information

The key practices to follow

Share information Practices

• Maximum value comes

from the use of

information

• Sharing must be lawful

• Publications should

enable free reuse

• Sharing requires a data

sharing contract and

agreement

Page 24: HSCIC's Professor Martin Severs previewing the HSCIC's forthcoming 'New Code of Practice on Confidential Information

The key practices to follow

Dispose of information once

it is no longer required Practices

• Review purposes and

retained information with

a planned schedule

• Use industry best practice

to dispose of data once

there is no ongoing

purpose for retention

• Maintain a record of

information disposal

Page 25: HSCIC's Professor Martin Severs previewing the HSCIC's forthcoming 'New Code of Practice on Confidential Information

Timetable

Draft

• Initial draft prepared

• May 2014

Consult

• Consulted with the public

• June to August 2014

Approve

• Seeking approval from DH and NHS England

• November 2014

Page 26: HSCIC's Professor Martin Severs previewing the HSCIC's forthcoming 'New Code of Practice on Confidential Information

Connect with us

www.hscic.gov.uk

@hscic

www.slideshare.net/hscic

0300 303 5678