Transparency data

Minutes of the National Data Guardian Panel Meeting, 16 September 2025

Updated 26 November 2025

Applies to England

1. Attendees

1.1 Panel members

• Dr Nicola Byrne (chair)
• John Carvel
• Claire Delaney-Pope
• Dr George Fernie
• Dr Fiona Head
• Dr Jeffry Hogg
• Mr Adrian Marchbank
• Maisie McKenzie
• Dr Jess Morley
• Professor Daniel Ray
• David Sharp
• Rob Shaw
• Jenny Westaway
• Professor James Wilson

1.2 Office of the National Data Guardian

• Dr Vicky Chico
• Layla Heyes
• Nisha Karadia

1.3 Observer

Helen Dyer

2. Welcome, apologies, and declarations of interest

National Data Guardian (NDG), Dr Nicola Byrne, chaired the meeting.

• Apologies were received from Dr Natalie Banner.
• No declarations of potential conflicts of interest were declared.
• The panel was pleased to formally welcome Nisha Karadia, who had recently joined the Office of the National Data Guardian as Delivery Support Manager.

3. Minutes from previous meeting, actions, and decisions

Panel members accepted the minutes from its 15 July 2025 meeting and all actions were agreed as having been completed prior to this meeting.

4. Key updates

Dr Vicky Chico led the key updates, summarising key ONDG activities since the last panel. Other ONDG members also contributed.

4.1 Reflective Practice

The NDG’s reflective practice statement and its associated guidance, which was developed in collaboration with NHS England’s Information Governance (IG) portal, has completed senior review and was expected to be published shortly. A dedicated GOV.UK webpage for the NDG statement had also been prepared.

4.2 NDG’s Reasonable Expectations project

The reasonable expectations draft report had been reviewed and is being finalised for publication by Thinks Insight and Strategy LTD. The panel was informed that next steps for this work would be discussed at the following panel meeting.

4.3 Control of Patient Information (COPI) Reforms

Department of Health and Social Care (DHSC) has listened to feedback from the NDG panel, particularly regarding the scope of exceptions to Regulation 5, and is considering some targeted regulatory approaches.

4.4 NHS 10 Year Plan

The panel discussed feedback received from the Department of Health and Social Care (DHSC) following the previous meeting. DHSC’s legislative priorities are now focused on the NHS Reform Bill. The Bill is expected to include amendments to the Health and Social Care Act to transfer functions from NHS England to DHSC.

5. Clinical Audit Guidance

The panel discussed draft guidance being developed by NHS England on local clinical audit, with a focus on its alignment with the definition of direct care. The guidance is intended to clarify the legitimate relationship to the patient in local audit contexts and ensure that IG principles support safe and effective care delivery.

The panel agreed that further engagement with stakeholders would be necessary to refine the guidance. The NDG office committed to supporting the development of the guidance and ensuring it reflects real-world practice.

6. Data Security and Protection Toolkit (DSPT) update

NHS England presented findings from the latest DSPT submission cycle. A record number of organisations had participated, with notable increases in submissions from the adult social care sector, attributed to targeted outreach and support programmes. However, the panel noted a drop in the percentage of NHS trusts achieving “standards met” status, reflecting the introduction of more rigorous requirements and ongoing challenges in funding and organisational capacity.

The panel discussed how DSPT compliance affects access to live services and formal data sharing mechanisms. It was noted that a risk-based approach is being taken with organisations that are not yet “standards met” but have realistic improvement plans. The panel supported this approach, recognising the need to balance clinical risk with cybersecurity assurance, also noting the relationship between the two.

7. Health Data Research Service (HDRS) draft policy publication review

The Department of Health and Social Care (DHSC) presented an early draft of the proposed Health Data Research Service (HDRS) principles and sought feedback from panel. Panel emphasised the need for clear and transparent articulation of public benefit of HDRS and meaningful public involvement in the governance of the service, stressing that HDRS must be built on principles of trust, transparency, and public value.

Questions were raised about the position in the proposal on data controllership, panel advised the HDRS team to clarify legal responsibilities and data governance arrangements. Members also reflected on the use of commercial language that might undermine public trust, recommending clarity on the funding and cost recovery model. Overall, the panel welcomed early engagement and agreed that further feedback would be provided to the team over the coming weeks.

8. Any other business

No further points were raised.