Overview

This bill establishes a National Data Guardian for Health and Social Care in England. The Guardian will issue guidance on the processing of health and social care data, which relevant public bodies and service providers must consider. The Guardian will also provide advice and assistance on data processing.

Description

The bill creates the position of National Data Guardian, appointed by the Secretary of State for a maximum of three years, with the possibility of one reappointment. The Guardian's key responsibilities include:

• Publishing guidance on processing health and adult social care data in England. Public bodies and service providers must have regard to this guidance.
• Keeping published guidance under review and revising it as needed.
• Consulting appropriately before publishing guidance.
• Providing advice, information, and assistance on data processing.

The bill defines "health and adult social care data" broadly to include information relating to an individual's physical or mental health, condition, diagnosis, care, or treatment, as well as adult social care and carer support. It also specifies that the Guardian's staff and advisors are not part of the civil service. The Secretary of State will fund the Guardian's operations and the Guardian must produce an annual report to Parliament.

The bill also includes consequential amendments to several Acts, including the Public Records Act 1958, the Parliamentary Commissioner Act 1967, the House of Commons Disqualification Act 1975, the Freedom of Information Act 2000, and the Equality Act 2010, to incorporate the National Data Guardian within their respective frameworks.

Government Spending

The bill mandates that the Secretary of State will fund the National Data Guardian. The exact amount is not specified in the bill, but it will include the Data Guardian's salary, staff costs, operational expenses, and any other resources deemed necessary for the effective performance of their functions.

Groups Affected

• Public bodies: Those with functions relating to health, adult social care, or adult carer support in England must consider the Guardian's guidance.
• Service providers: Those providing services (not public bodies) under arrangements with public bodies must also consider the guidance.
• Individuals: The bill aims to protect the data of individuals receiving health and social care; the Guardian's role will impact how this data is handled.
• Parliament: The Data Guardian will be accountable to Parliament through the annual report.

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