Accessibility has been a concern for all methods of setting the opt-out (digital/digital-assisted/non-digital), and was raised particularly in conversations with Age UK, Change and Sense. This includes both web accessibility for people with physical disabilities or sensory impairments and accessibility of language for those with learning disabilities or limited English. The system needs to be easy to click through and as accessible as possible through a range of devices, e.g. smart phones and tablets rather than just laptops/desktops.
The online system has sought to meet a number of accessibility criteria and is undertaking a Government Digital Service (GDS) assessment. Steps taken have included bringing in accessibility experts, conducting extensive user research and laboratory-testing the system with users across a range of demographics. The web service has also been developed to meet Level AA of the Web Content Accessibility Guidelines (WCAG) 2.0, which includes success criteria such as the use of assistive technologies. Through the public beta phase, the accessibility of the site has continued to be improved to ensure the system is ready to become fully operational. An accessibility audit was carried out by the Digital Accessibility Centre (DAC) user/technical team in November 2018 and as good practice is embedded across the service the website will be retested so that it is eligible for a Digital Accessibility Centre certification.
This approach to accessibility has informed the design of the national data opt-out throughout: work has been carried out to ensure that the question asked of patients can be understood, and the channels available for opting out are easy to use. The national data opt-out must be understood by vulnerable members of the public, who may often have the greatest health and social care needs, and may therefore be disadvantaged if researchers and care planners do not have access to their health information. The Behavioural Insight Team (BIT) online testing, with 12,500 participants, tested comprehension across a representative sample of the population, considering: whether the national data opt-out should be presented as one or two questions; the exact wording of the question, the information given on the landing pages that people would arrive at when setting a preference; and people’s understanding of the exemptions. User testing has continued during the public beta phase and changes to the landing pages have been implemented as a result of this testing.
Communications materials for the service have been made accessible and have been produced in multiple formats in order to ensure that people are able to make a truly informed decision. The offering for these materials has been based on recommendations from the NHS Accessible Information Standard, the public sector equality duty and from conversations with stakeholders for this EIA assessment and as part of the public engagement strategy. Accessible materials include producing information in a number of different languages, and in a range of formats, e.g. easy-read, large print, Braille, audio and British Sign Language.
Furthermore, the Data Protection Act 2018 (DPA) and EU-wide requirements set out in the General Data Protection Regulation (GDPR) have brought in strengthened requirements for the provision of transparent information to individuals about how their personal data is used: in particular, the need for information to be intelligible, easily accessible and written in clear and plain language. To meet these requirements and ensure that people can make an informed decision, clear information about what the opt-out is and how it will be applied has been provided. The Accessibility Workshop held in October 2017, and work following on from this session, including the BIT research, has helped to shape the development of communications materials and to improve our understanding of the best ways of communicating the national data opt-out to all audiences. As the service becomes fully operational, the EIA will feed into a sustainable communications plan that will help to ensure that communications continue to be targeted effectively and key stakeholders are reached.
Information materials have been made available with the expectation they can be adapted and tailored to suit local needs and will be available through local channels, as well as being hosted on, and available through, national websites. The service has also aligned with initiatives such as the Wellcome Trust’s ‘Understanding Patient Data’, which recognises the complex and confusing language used to describe patient data and seeks to introduce vocabulary which is understandable and meaningful to people.
The service also allows an individual to manage or set a choice on behalf of another individual who may not have the ability to manage their choice independently, provided they can prove that they are permitted to act on behalf of the data subject. Where an individual lacks capacity, or cannot otherwise make a decision for themselves, someone with a formal proxy arrangement can register an opt-out on their behalf. This includes those with a Lasting Power of Attorney (LPA), a Court Appointed Deputy or parental responsibility.
People setting an opt-out on behalf of their children are required to provide documentary evidence to confirm their own identity and to sign a declaration as evidence of their parental responsibility. Following user feedback during the public beta phase, a person with parental responsibility can set a preference on behalf of multiple children at once to make it easier for entire families to opt out. The requirement to provide evidence of parental responsibility was also reviewed and replaced by a signed declaration in order to make the service more user friendly and to recognise the fact that there is no definitive evidence in the UK to prove an adult has parental responsibility. This brought the service in line with wider guidance in this area.
For people with a LPA, the service has ensured that disadvantage is minimised by recognising both types of LPA, i.e. “health and welfare” and “property and financial affairs”, recognising that there tend to be higher numbers seeking LPAs for property and financial affairs. It should be noted that the setting of a national data opt-out preference is not seen as a decision within the scope of these legal powers but rather is offered as a policy in order to minimise disadvantage. The proxy is required to confirm their own identity and confirm their role to act on behalf of the other person by sending documentation to the contact centre.