Type 2 opt-outs were managed by the patient’s GP practice making a coded entry in the patient record at the GP practice and were collected by NHS Digital so that we would know not to share confidential patient information for research and planning. Type 2 opt-outs recorded on or before 11 October 2018 were converted to national data opt-outs.
Information for GP practices
The national data opt-out has replaced type 2 opt-outs. GP practices must no longer use the type 2 opt-out code to record a patient's opt-out choice as it is no longer collected and processed.
Supporting patients - resources and guidance
We have provided resources for practice staff to share with patients if they have any questions. Staff should make sure they are aware of the national data opt-out so they can support their patients.
When patients ask about opting out:
- refer them to the website nhs.uk/your-nhs-data-matters
- it's helpful to make sure that they know their NHS number
- ensure they have an up-to-date email address or mobile phone number in their GP practice record, as this will be used to verify their identity when they use the service
Changes to policy and procedure
GP practices must amend policies and procedures, and patient information to make sure that they are up to date, and that all staff know they must no longer record type 2 opt-outs on a patient’s medical record. Instead, they should refer patients to nhs.uk/your-nhs-data-matters.
We are working with the clinical system suppliers around de-activation of the codes.
View our GP checklist for a reminder of other actions to take.
Patients who previously had a type 2 opt-out
Where a patient had a type 2 opt-out registered on or before 11 October 2018, this was automatically converted to a national data opt-out and if they were aged 13 or over they were sent a personal letter explaining the change and a handout with more information about the national data opt-out.
Patients can be reassured that their choices will continue to be respected. If they want to change their choice, they can use the national data opt-out service to do this.
Patients who have a type 1 opt-out
Some patients will have a type 1 opt-out registered with their GP practice, which indicates they do not want their confidential patient information leaving the practice for research and planning purposes. These existing type 1 opt-outs will continue to be respected until 2020, when the Department of Health and Social Care will consult with the National Data Guardian on their removal. GP practices can continue to record and apply a patient’s type 1 opt-out choice.
Information governance queries in general practice
The Data Protection Officer (DPO) or Practice Manager in your GP practice may have more information about local escalation processes relating to information governance (IG) queries from patients.
Useful IG links
General IG queries:
- Information Governance Alliance (IGA) website
- England.email@example.com Data Sharing and Privacy Unit, NHS England
Enquiries about the General Data Protection Regulation (GDPR) and the Data Protection Act (2018):
- Information Commissioners Office (ICO) website
- 0303 123 1113 - ICO helpline number
Enquiries about the national data opt-out:
- Newoptoutenquiries@nhs.net National data opt-out enquiries mailbox
- 0300 303 5678 – NHS Digital contact centre