A letter from the health minister on the legality of the NHS Care Records Service has sparked concerns that the government may not have a back-up plan

Conservative MP Jeremy Speke received the letter from health minister Ben Bradshaw in response to a request for the release of information on the legality of the NHS Care Records Service.

Speke had contacted the minister on behalf of a local GP, Dr Paul Thornton, who last year wrote a paper for the British Medical Association and the Royal College of General Practitioners outlining why the NCRS could be unlawful.

In his response, Bradshaw claimed that the legal advice he had received was not suitable for publication. He also downplayed suggestions that an EU draft working document could make the NHS database illegal, insisting that he was confident the draft would be amended.

Speke told GC News: "What Mr Bradshaw is effectively saying is that the government doesn't think there will be a problem with EU law."

But the letter admits that if the EU directive were to become law in its current format, then "questions might arise about NHS compliance".

"One of the questions I will be asking when we get back (in parliament) is what contingency plans the government has in place (if the directive is not amended)," said Speke. "If they don't have a plan 'b' then that will be poor government practice. Clearly there is a risk."

He added that he would also question the minister on the software for the NCRS.

Among several issues, Thornton has raised concerns about the safeguards that are to be built into the system, such as the software that will be used to hide sensitive information that patients do not want revealed, known as 'sealed envelopes'.

Speke said that it was not clear whether the software for the sealed envelopes would be ready in time for when the database is due to start.

Thornton is also concerned that the sealed envelopes will not be protected from the Secondary Uses Service, which will capture, process and enable access and reporting on all data relating to NHS commissioned activity.

This includes research into the evaluation of care and infectious disease prevention, management of health services and payment to organisations for care provided, says Thornton.

Approved users may include those from universities and the pharmaceutical industry.


Source: Kable's Government Computing


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