26th February 2011
NHS Reforms Could Allow Data-Sharing on Patients
Mark Hanson
In a disturbing piece of news, the British Medical Association has warned that the NHS reforms could leave room for extensive and dangerous data-sharing concerning patients’ health.
Current laws safeguard patients’ health records yet the Coalition Government is introducing wide-ranging reforms to the NHS in the health and social care Bill. Senior medical authorities are concerned that the Bill will remove the strong emphasis on patient-doctor confidentiality.
The previous Labour government set in place a central database of patients’ records, which can be accessed by those who have an interest in the individual patient’s care. The system has been widely criticised as part of Labour’s setting up of the "database state", yet Labour did ensure that strong safeguards were put in place.
In a regrettable confirmation of Rabel’s fears that numerous laws are acting as the thin end of an ever widening wedge, the new proposals remove those safeguards. According to the Guardian the "existing system governing patient information is being demolished".
The BMA is worried that the Bill will give "unprecedented access to patient data", and is troubled that the patient-doctor confidentiality clauses are to no longer apply, threatening the patient-doctor relationship.
Yet there are wider concerns: the great importance that is put on data in the internet age, exampled by Google and Facebook gathering huge amounts of data on their users, will create a massive pressure on the NHS, government and local authorities to make health information more widely available. The new Bill, as it stands, will allow the health minister and a new NHS commissioning board to prepare and publish a new "information standard".
The Department of Health stated:
"The Bill does not change any of the existing legal safeguards, which are set out in the Data Protection Act and the common law of confidence. We are happy to work with the BMA to understand their concerns."
It is notable that the only safeguards mentioned are the Data Protection Act and informal confidentiality clauses. Such comments indicate that health matters are to be considered equal in law, in regard to privacy, as the adverts people view online. It is welcome, however, that the department is willing to work with the BMA. It remains to be seen whether they listen.
