Overview

This bill establishes the National Data Guardian for Health and Social Care in England. The Guardian will provide guidance on the processing of health and social care data, keep this guidance under review, and offer advice and assistance. The bill also outlines the Guardian's appointment, responsibilities, and funding.

Description

The bill creates the position of National Data Guardian for Health and Social Care, 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.
• Keeping published guidance under review and revising it as needed.
• Consulting relevant parties before publishing guidance.
• Providing advice, information, and assistance regarding data processing.

Public bodies and those providing health or social care services under contract with public bodies must have regard to the Guardian's guidance. The bill defines "health and adult social care data" broadly to encompass information relating to an individual's health, social care, or carer support, whether or not their identity is directly identifiable. The bill also details the Data Guardian's remuneration, staffing, reporting, and accountability.

Schedule 1 outlines the appointment process, remuneration, staff, and financial provisions for the Data Guardian. Schedule 2 details consequential amendments to other Acts of Parliament to reflect the creation of the new role. The bill applies only to England and Wales.

Government Spending

The bill requires the Secretary of State to fund the National Data Guardian. The exact amount is not specified, but the government will be responsible for covering the Data Guardian's remuneration, expenses, staff salaries, and operational costs. The bill also mandates the Data Guardian to produce annual reports and accounts.

Groups Affected

• Public bodies in England and Wales: These bodies (e.g., NHS trusts, local authorities) must consider the Data Guardian's guidance when processing health and social care data.
• Health and social care providers: Providers (both public and private) working under contracts with public bodies will also need to adhere to the Data Guardian's guidance.
• Individuals: The bill affects individuals whose health and social care data is processed, as it aims to improve the handling and protection of this data.
• The Data Guardian: This newly created role will be responsible for overseeing data handling practices.
• Parliament: The Secretary of State is required to lay a copy of the Data Guardian's annual report before Parliament.

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