Overview

This bill establishes a National Data Guardian for Health and Social Care in England. The Guardian will provide guidance on the processing of health and adult social care data, ensuring its responsible use while protecting individuals' privacy. They will also offer advice and assistance to public bodies and other providers of health and social care services.

Description

Appointment and Responsibilities

The Secretary of State appoints the National Data Guardian for a term not exceeding three years, with the possibility of one reappointment. The Guardian’s key responsibility is publishing guidance on the processing of health and adult social care data in England. Public bodies and service providers must consider this guidance. The Guardian can also provide advice, information, and assistance on data processing.

Data Definition and Scope

The bill defines "health and adult social care data" broadly to encompass information relating to an individual's physical or mental health, diagnosis, care, or treatment; adult social care; and adult carer support. It specifies exclusions related to children's services and certain educational settings. The bill applies to England and Wales.

Powers and Accountability

The Data Guardian can publish guidance applicable to all cases or to specified exceptions or particular cases. They are required to keep guidance under review, consult appropriately before publishing, and maintain proper accounts. An annual report detailing their activities and financial statements must be submitted to Parliament.

Funding

The Secretary of State will fund the Data Guardian's operations, covering their remuneration, staff, and other expenses.

Government Spending

The bill does not specify exact figures for government spending. However, it mandates that the Secretary of State will fund the Data Guardian's office, including staffing, operational costs, and remuneration. The actual cost will depend on the scale of operations the Data Guardian chooses to implement.

Groups Affected

This bill will affect various groups including:

• Public bodies: Those involved in the health service, adult social care, and carer support in England and Wales will need to consider the Data Guardian's guidance.
• Service providers: Private and voluntary organisations providing health and social care services under contract with public bodies will also have to consider the guidance.
• Individuals: The bill aims to protect individuals' data privacy, but it is also dependent on how effectively the Data Guardian's guidance is implemented.
• Data Protection Officers and staff: Those responsible for data handling in health and social care organisations will be particularly impacted, needing to adapt practices and processes to the newly established guidelines.

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