Policy paper

Health and Care Bill: information

Updated 10 March 2022

This fact sheet explains how the government plans to enable increased sharing and more effective use of data across the health and adult social care system for the benefit of the system and individuals.

Background

The response to COVID-19 has shown how data can be used effectively and securely to improve the services individuals receive and the operation of the health and care system. We want to build on this to support data-sharing beyond the current crisis, for the wider benefit of the health and care system and those who use it. We want to ensure that data is used for the benefit of the public, whilst respecting the rights of individuals in relation to protecting the privacy of their data.

In June 2021 we published Data saves lives: reshaping health and social care with data (draft). This sets out a range of commitments to address structural, cultural/behavioural and legislative barriers to data sharing and a more flexible legislative framework to improve data access and interoperability, including enabling the safe sharing of data in support of individual care, population health and the effective functioning of the system. The provisions in the Bill are part of this.

What the Bill will do

The provisions in the Bill are intended to work, collectively, to enable increased sharing and more effective use of data across the health and adult social care system.

They will:

• allow for the publication of mandatory information standards for the processing of information (including collection and storage), which would require health and social care providers to comply with such standards rather than, as now, have regard to them; and extend the requirement to private providers. This will help ensure that data flows through the system in a standardised way, so that it is always meaningful to and easily understood by any recipient or user

• allow health and social care public bodies to require the sharing of information, other than personal information. They will be able to require such (anonymous) information from other health and social care public bodies and from those providing health and care services under arrangements with public bodies, for purposes related to their functions in connection with providing health or adult social care services in England. This will mean that anonymous data (which can, freely and lawfully be shared) can be required to be shared as needed for the benefit of the health and adult social care sector

• require NHS Digital, when exercising its functions, to have regard to the need to promote the effective and efficient planning, development and provision of health services and of adult social care in England; and make clear that NHS Digital may share information for purposes connected with the provision of health care or adult social care or the promotion of health. This will ensure that NHS Digital has the right powers and duties to enable it to collect, share and otherwise process data proportionately, appropriately and with due regard to protecting privacy; and that consideration of the benefits to the health and care system and the individuals served by it will sit at the centre of NHS Digital’s duties

• allow NHS Digital to require data from private providers of healthcare (where required for purposes of a direction by Secretary of State to collect information).

• enable Secretary of State to require information from all CQC regulated providers of adult social care (see separate fact sheet).

• enable regulations to be made to fine private organisations that fail to meet standards or provide information when required or which provide false or misleading information without reasonable excuse.

How these provisions will help to promote integration, reduce bureaucracy and improve public confidence

The provisions in the Bill are just one part of the wider data strategy for health and care, published in draft for engagement, which aims to ensure more effective use of data across health and adult social care to deliver better treatment for patients, better health results for people who need care and support, and better decision making, research, and support for those on the front line.

The provisions – requiring, enabling, facilitating and encouraging more effective use of data – will support other key provisions in the Bill: for example, consistent standards and a duty to share data will support the provisions strengthening the duty to cooperate across the health and care system, including Integrated Care Boards.

Enabling a more consistent approach to data collection across health and care will make the collection, analysis, linkage and sharing of data more efficient and effective, maximising benefits for individuals and the system whilst supporting burden reduction.

The provision allowing NHS Digital to require information from private health care providers will enable a consistent approach to the use of data supporting improved safety and quality across private and NHS health services.

Further information

See Data saves lives: reshaping health and social care with data (draft), DHSC, 22 June 2021, inviting views prior to publication of a final strategy and implementation plan later in 2021.