NHS England De-Identified Data Analytics and Publication Directions 2023

The purpose of these Directions is to support the transfer of statutory functions from NHS Digital to NHS England under the Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023. They require NHS England to put in place arrangements for the governance of ongoing processing of de-identified data that it previously obtained from NHS Digital and a framework for the future analysis, linkage and de-identification of data NHS England needs to access in the exercise of its functions in connection with the provision of health services. 

The Directions also vary previously made directions to NHS Digital to permit NHS England to publish data that NHS Digital was previously prohibited from publishing, in circumstances where this was not intended when those previous directions were originally issued. 

NHS England must have regard to guidance published by the Secretary of State when discharging its functions under these Directions as required by Section 274A of the Health and Social Care Act 2012. The draft guidance is currently published here: Guidance on NHS England’s protection of patient data.

Sections 254(1), 260(2)(d), 261(2)(e) and 304(9) to (12) of the Health and Social Care Act 2012 and sections 13ZC and 272(7) and (8) of the National Health Service Act 2006.

This Direction came into effect on 1 February 2023.