NATIONAL OPT OUT

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What is it?

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Its means where the public can opt out of their information being used for any purpose beyond their care, the patients have to opt out themselves, by using the NHS App, calling the opt out team (0300 3035678) or using the website, www.nhs.uk/your-data-matters.

 

What does it apply to:-

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The opt out is only to sharing of data from the practice where the legal power for using so is  to authorisation of the CAG –Confidentiality Advisory Group using s.251 powers –this is usually for research.  But includes for GP’s CCG invoice validation, IFR validation and Risk Stratification.  You will know if a s251 power is the basis for sharing as it should be stated in any sharing agreement or DPIA sent with any request to share data. 

 

t does not apply to:-

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• Anonymised data sharing

• Sharing where the patient has given consent (some research projects)

• Public interest disclosures

• Legal requirements to share

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These disclosure will be identified in your annual Data Flow mapping exercise –I’ve attached a template DFM document which identifies typical GP disclosures and where the National Opt out would apply.

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YOU NEED TO:-

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• You need to ensure you inform your patients of the above, using the below

 

• In the waiting area display the A4 poster, ensure the handouts are available, and you can display the Envisage or Jayex presentation on your waiting room monitors, all available from the links below:-

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• Display the updated Privacy Notice from PCIG which includes the National Opt out inform, both new Privacy Notices (EMIS and SystmOne) are available on the PCIG DSP Toolkit resources page and have been attached to this email.

• Amend policies to show there is no type 2 opt out (done in all PCIG documents), Previous ‘type 2’ opt-outs were automatically   converted by system suppliers, and patients informed by letter from NHS Digital - Type 2 opt-out codes (XaaVL/9Nu4.) must not be used (after 11 October 2018)

 

• Ensure staff are aware of the process by ensuring they do online training, First practice management, blue stream and practice managers association all provide online staff training for National Opt out.

• Review your current disclosures (using your data Flow mapping tool) attached example provided and ensure you know where this applies– my example is pretty comprehensive but double check!

• When you share data in the future ensure you use the DPIA provide in the PCIG DSP Toolkit resources page and ASK me if s.251 so the National Opt out applies.

• If you identify any disclosure as above let the people know who you share with that the opt out will apply and they may receive less data (read below about how to do this on your current system).

• Return the completed Compliance Check list (copy attached) to your CCG

 

How about our systems and automatic data returns?

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The four principal GP IT system suppliers are developing new functionality to support the national data opt-out. This will enable your practice to easily remove the records of patients who have registered a national data opt-out from data disclosures once you have assessed if the national data opt-out applies. You will however need to check any saved queries you may use and where applicable you will need to edit these or ask the organisation that created the queries to edit them to make sure national data opt-outs are applied when the search is run again. (see left for continuation)

TPP and EMIS expect to have the functionality ready in September, and Vision and Microtest towards the end of 2019. To understand exactly when the national data opt-out functionality will be available for your practice, you are advised to contact your GP IT system supplier.