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10. Compliance with the national data opt-out
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Current chapter – 10. Compliance with the national data opt-out View all chapters
Summary
The national data opt-out is a policy set by the DHSC.
It gives effect to the right set out in the NHS Constitution to “request that your confidential information is not used beyond your own care and treatment”. The policy is intended to implement the recommendations of the NDG review and thereby help to increase public confidence and trust in the use of their health and care data.
A number of mechanisms have been put in place to ensure that organisations within health and adult social care comply with the national data opt-out policy as required. Principally this is a combination of information standards, statutory guidance, contractual levers, legal requirements and information for the public to increase visibility and transparency of compliance at a local level.
It should be noted that health and adult social care bodies are legally required to “have regard to” information standards (made under Section 250 of the Health and Social Care Act 2012) and statutory guidance (issued under Section 263 of the Health and Social Care Act 2012). Whilst these are not an absolute legal obligation - an organisation that does not comply with an information standard or statutory guidance may be leaving themselves open to legal challenge.
Publication chapters
- National data opt-out operational policy guidance document
- 1: Introduction
- 2: What are national data opt-outs?
- 3. Setting an opt-out
- 4. Which organisations does the opt-out apply to?
- 5. When does a national data opt-out apply?
- 6. When does a national data opt-out not apply?
- 7. Policy considerations for specific organisations or purposes
- 8. Applying the national data opt-out
- 9. Analysis of national data opt-outs
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10. Compliance with the national data opt-out
- 11. Further information
- Appendix 1: Abbreviations
- Appendix 2: Definitions
- Appendix 3: Rationale and supporting information
- Appendix 4:Changes to NHS number
- Appendix 5: Information required by law or court order
- Appendix 6: Confidential Patient Information (CPI) definition
- Appendix 7: External review of the national data opt-out policy