Background and Context
Health and care data can protect individuals when they are most vulnerable, can be used to prevent people becoming unwell in the first place, and can help them to live independently and connected to their community. It helps our health and care services continually improve the treatments and care they deliver, ensures that care is tailored to the needs of each individual, and it can empower people to look after themselves better and to make more informed choices about their own care.
Furthermore, when the right data is made available appropriately, it saves everybody’s time, and reduces costs for the NHS and all those organisations delivering health and care services including local authorities, social care providers.
The public need to be confident about how their data is used and who has access to it. Many people have the expectation that public authorities share personal data where it is necessary to provide them with the services. However, people also want to know their data is being used in a responsible way, that they are clear who is using the data and why, and expect a level of choice and control over who uses it and why.
The Yorkshire & Humber Care Record (NHS’s England’s Local Health and Care Record Exemplar (LHCRE)) is committed to making sure that data from the NHS and local aurthority and partners is available only to the right people, at the right time, in the right place – and that it is always shared securely and lawfully.
To achieve this the Yorkshire & Humber Care Record is dedicated to providing a consistent regional framework of information governance which will assist health and social care organisations in meeting their legal obligations and ensure that there are “no surprises” to individuals in the ways in which data is used within the health and social care sector.
The Yorkshire & Humber Care Record Information Governance framework will support the regional integrated care system initiative by:
- Providing a consistent explanation of what is meant by direct (individual) care and secondary uses
- Reassuring the public that data from the NHS and its partners is available only to the right people, at the right time, in the right place – and that it is always shared securely and lawfully,
- Assisting in gaining access to data by understanding and describing the scope of secondary use intelligence and data requirements and how to map the associated data flows.
LHCRE & Information Governance Services
- Enabling identification of statutory functions for the use of the data.
- Providing an understanding of the statutory constraints and other legal requirements such as the Common Law Duty of Confidence.
- Providing standardised Information Governance templates for organisations.
- Defining standards for risk mitigation and highly controlled environments when using data which is anonymised in line with the ICO code for limited access.
- Ensuring the regional IG framework is aligned to other national data standards, policies and legal obligations
- Look to the future and acknowledge any potential requirements for the use of data for individual and secondary use purposes in a landscape of evolving public service delivery
- Encourage consistent, digitally enabled approaches to information governance practices in line with the interoperability agenda.
The Yorkshire & Humber IG Framework has established:
The definition of ‘direct care’
- Identified the legal basis of sharing information for direct care under the GDPR and Data Protection Act 2018
- Standardised Information Governance Templates for:
o Information Sharing Agreements
o Data Processing Contracts
o Fair Processing Notices
o Data Privacy Impact Assessments
o Data Protection Policy
o Information Governance Policy
The Yorkshire & Humber IG Framework is currently focusing on the following areas:
- Strong Authentication and Authorisation
- Role Based Access Control
- Data Flow Mapping
- Legitimate Relationships
- Organisational Code Structures
- Technical Policy Controls
- Exclusion of parts of records which have other statutory obligations
The Yorkshire & Humber Care Record Team have a showcase event on Wednesday 3rd July 2019. There will be 2 dedicated sessions that go into more detail in relation to the work that has been developed for Information Governance Services for the Yorkshire and Humber LHCRE.
We look forward to seeing you there!!!!!!
The above update is also available as a pdf - please download here