Source URL: https://www.theregister.com/2024/09/05/fdp_lacks_legal_basis/
Source: The Register
Title: Key aspects of Palantir’s Federated Data Platform lack legal basis, lawyers tell NHS England
Feedly Summary: Unless solution found, patients must be allowed to opt out
Exclusive NHS England has received advice from lawyers saying key aspects of its controversial Federated Data Platform (FDP) lack a legal basis, meaning that unless a solution is found, it must allow citizens to opt out of sharing their data.…
AI Summary and Description: Yes
Summary: The text discusses the legal challenges faced by NHS England regarding its Federated Data Platform (FDP) for managing patient data, particularly the implications related to privacy and consent. Legal advice suggests a lack of lawful basis for aspects of the platform, particularly around the use of privacy-enhancing technology, which may necessitate allowing patients to opt-out of data sharing.
Detailed Description:
The provided text highlights significant legal and ethical issues surrounding NHS England’s initiative to implement the Federated Data Platform (FDP), developed with the aid of Palantir. This situation has sparked concerns related to data governance, privacy, and the compliance of health data management under UK law. Here are the key points:
– **Legal Basis Concerns**: Lawyers have indicated that certain components of the FDP lack a legal foundation, particularly in relation to the use of personal confidential data (PCD).
– **Privacy-Enhancing Technology (PET)**: The PET, to be supplied by IQVIA, is under scrutiny as it reportedly requires its own legal approval, thereby complicating the implementation of the FDP.
– **Patient Opt-Out Rights**: There is a potential need to allow patients to opt-out of data sharing if a lawful basis is not established, based on UK legislation (Section 251 of the National Health Service Act 2006).
– **Historical Context**: Previous initiatives for NHS data sharing, such as the General Practice Data for Planning and Research, faced backlash and were discontinued, creating a backdrop of skepticism among the public regarding data privacy in healthcare.
– **Structure of the FDP**: The FDP is designed to collate operational data from various NHS organizations, facilitating better access to essential information like hospital resources and patient waiting lists.
– **Data Instances**: The system comprises separate ‘Instances,’ including National Instances managed by NHS England and Local Instances managed by NHS trusts. Only certain types of patient data are meant to be handled by Local Instances for direct care purposes.
– **Comparison to Historical Data Scandals**: Campaign groups have expressed concerns that the implementation strategy for the FDP is reminiscent of past IT failures in the UK, highlighting fears of mishandling patient rights and data security.
The implications of this situation are profound for security and compliance professionals in the health sector. They must navigate the complexities of patient data privacy, safeguard against potential legal pitfalls, and maintain public trust amid evolving technological and regulatory landscapes. Moreover, as organizations work towards integrating data platforms, they must ensure compliance with privacy laws while innovating healthcare delivery systems.