back to article NHS tech chief dismisses concerns over loss of statutory power to protect patient data

An outgoing NHS tech chief has defended the decision to merge his organization with a UK government-run unit, arguably diluting the statuary protection of patient data. Simon Bolton, interim chief executive of the soon-to-be-defunct NHS Digital, said the merger of the organization with NHS England, a non-departmental …

  1. alain williams Silver badge

    Sending the data to Plantir

    is a much greater issue than merging with another government run unit.

    1. Anonymous Coward
      Anonymous Coward

      Re: Sending the data to Plantir

      Well yes/no - the merger makes it far easier for ministers to transfer data using secondary legislation (ie with no oversight) in the future.

      1. Anonymous Coward
        Anonymous Coward

        Re: Sending the data to Plantir

        Bingo. Though the outcome won't even require secondary legislation. Under the current setup NHSD is an independent organisation with its own executive, its own board and its own staff. Under the new setup it simply becomes a department of NHSE and can be directed to do things. This poses a significant moral hazard because NHS England & Improvement, to give them their full title, have a strong remit to push for service improvement, including collaboration with the private sector and are crucially under ministerial direction. NHSD as data stewards will now be subordinate to that.

        This has already happened in practice. Simon Bolton is an "interim" chief exec for NHSD. Prior to that he was the genius brains acting as CIO for the unprecedented success that was NHS Test and Trace. He was brought in specifically to disarm NHSD and ensure it came through the merger toothless and subordinated to NHSE. His job being marked interim allowed his near-direct appointment without advertisement or competitive recruitment process.

        (Prior to that he was an executive at the unremarkable and failing companies JLR and Rolls-Royce. Hardly a titan of industry.)

        The same goes for a whole host of key exec positions at NHSD and NHSE. Job titles left, right and centre are carrying that magic (interim) title. It's political appointment by the back door.

        1. Al fazed
          Happy

          Re: Sending the data to Plantir

          And the NHS delivery of services is being run by "panels" who review the GP's request for patient treatment, who make unilatteral decisions that the patient's do not really need the medical service which the GP has requested.

          With this sort of information sharing already going on at pace, between the NHS and the NHS Trusts, what have we the patients got to worry about ?

          ALF

    2. iron Silver badge

      Re: Sending the data to Plantir

      Sending my data to Palantir is a deal breaker for me when it comes to using NHS England services.

      But hey, that's what the Tories are after isn't it. If they can persuade people like me to avoid using the NHS that would cut waiting times and costs with the added benefit of probably reducing my lifetime and removing a non-Tory voter from the register sooner than otherwise.

      1. Anonymous Coward
        Anonymous Coward

        Re: Sending the data to Plantir

        A dark take on the matter, but so far not much evidence to prove you wrong!

      2. Roland6 Silver badge

        Re: Sending the data to Plantir

        > If they can persuade people like me to avoid using the NHS...

        That means either doing without or paying for private medical care either directly (if you can afford it) or via insurance, either way its a win to the Tories as they will point at this and say people want private health care...

        The trouble is we are reaping the benefits of 40+ years of Tory under investment... As Northamptonshire County Council (Tory controlled since 2005) found out, the inevitable outcome of traditional Tory policies is insolvency...

    3. Roland6 Silver badge

      Re: Sending the data to Plantir

      'Merging'?

      I was under the impression this was bringing the operations of "NHS Digital" (a private company) back under the "NHS" umbrella and thus subject to "NHS" patient data protection law.

      Sending the data to Plantir is problematic in two ways, there is the actual data and that the UK government who want to "kickstart" the UK economy is giving business away to foreign companies, and so once again hobble the development of UK knowledge industries...

  2. Anonymous Coward
    Anonymous Coward

    How useful is "statuary protection" of patient data ?

    1. DJO Silver badge

      The level of protection is about the same as provided by a cotton shirt in a blast furnace.

      1. Evil Scot

        I would have gone with a latex prophylactic.

    2. DJO Silver badge

      Statuary? Just how are statues involved?

      I think you might have meant statutory.

      1. This post has been deleted by its author

      2. logicalextreme

        It's in the opening line of the article at present, though I did a double-take too :)

      3. Al fazed
        Happy

        Statuary

        actually performs better

        ALF

    3. Al fazed
      Happy

      About

      as useful as having laws that protect vulnerable people from ASB Officers or any of the hundreds of other paid for "authority" creeps who are abusing vulnerable service users, on a daily basis, by totally ignoring the remit of their posts or the procedural guide lines of their employers.

      Jimmy Savile got away with his sexual predatory antics for years whilst his professional mates covered his tracks for him.

      Well it seems to be the same MO (modus operandi) for all of our precious UK support services for British "subjects",- actually we only want your money, we don't give a shit about the rules of engagement, 'cos no one with any credibility is supervising .............and you cannot afford to appeal........

      ALF

  3. cantankerous swineherd

    is he outgoing to palantir, perchance?

  4. VoiceOfTruth Silver badge

    Proof that the establishment hates the public

    These people work for the government, not for us. The government works for itself. We do not live in a democracy.

    1. Anonymous Coward
      Anonymous Coward

      Re: Proof that the establishment hates the public

      "we" ???

      1. RegGuy1 Silver badge

        Re: Proof that the establishment hates the public

        we? Yes, VoiceOfTruth means we, the British subjects. It would be nice to be a citizen and have a modern voting system.

        1. heyrick Silver badge

          Re: Proof that the establishment hates the public

          Citizen? Aren't we supposed to be peons who do what they're told (and, soon, won't even be able to strike to be heard)? And bend over and take it when a crazy woman elected by a miniscule subset of the population comes in, fucks the economy and people's mortgages (although certain people made huge gains by shorting the currency), then buggers off with a potential ~£100K pension for life. Not bad for a couple of weeks of causing utter chaos.

          Us? Well, didn't Rishi and that other guy say taxes will have to go up and there will be eye watering decisions to make? They fuck up... or more literally hand huge amounts of money to themselves and favoured friends and... we will be expected to pay for it.

          1. heyrick Silver badge
            Meh

            Re: Proof that the establishment hates the public

            I'm just waiting to see how long it takes Rees-Mogg to solve the manufacturing deficit and the child poverty issue....by announcing the introduction of workhouses.

  5. Mike 137 Silver badge

    "to ensure that we do have appropriate governance to make sure that data is used properly"

    Of course absolutely everything depends on the definitions of "appropriate" and "properly". The fundamental question that nobody is likely to answer in public is what specific protections are to be implemented against what specific threats to the rights and freedoms of data subjects. Those protections are the essence of the GDPR that the UK is attempting to sidestep by revising the legislation in favour of "growth and innovation" (i.e. big business).

  6. scrubber

    Medical misinformation

    When I now see my GP I have to respond to every question with "is that medically relevant to the issue I came in with?" That is not good for our relationship, trust between GP and patient, my treatment, or my willingness to support the NHS. Sub optional outcomes and more strain on the NHS are inevitable.

    1. PeteA

      Re: Medical misinformation

      You get to see a GP? How do you manage that?

    2. NeilPost Silver badge

      Re: Medical misinformation

      I’d like to just be able to just e-mail my GP Surgery (private profit-centred NHS Contractor Business).

      “I have some updated immunisation results from a vaccine update and screening (Occupational Health for an NHS Trust). Can I e-mail them to you to add to my GP Patient Record’ No, you need to print them off and hand them in/post them. …. FFS.

  7. Anonymous Coward
    Anonymous Coward

    (I'm the person who commented in another article that I knew about the Palantir thing a while ago.)

    The alphabet soup is a real problem: loads and loads of money spent, lots of consultants and strategy people; few things usefully happening.

    This all (currently) requires individual trusts to give data to Palantir. At least one is doing this right now. Just as they did when they gave Google a load of data for nothing.

    Most of this is cluelessness from the NHS. They can't make some dashboards of data and relate them to patient pathways, so they spend an absolute fortune on Palantir, which makes it a bit easier to make nice dashboards off their data. Anything advanced they do isn't necessary; the average NHS trust is completely hopeless at even the basics.

    NHS England may be able to aggregate data centrally, or perhaps use financial penalties to make trusts comply, but neither seems that likely at the moment.

    1. Anonymous Coward
      Anonymous Coward

      >perhaps use financial penalties to make trusts comply

      The business case for the billion-pound Federated Data Platform (the £360m procurement is only procurement 1 of... several) makes it explicit that NHSE has no power or plans to force the trusts to adopt Pala^H^H the as-yet-undecided-future-state-platform. Any future adoption by the trusts will be at their cost. Any future business benefit from the new definitely-not-Palantir platform will require trust adoption. NHSE have no ability to yield value from the new FDP themselves. NHSE as of yet have no trusts on board with this plan.

      Meanwhile the trusts and CSUs are off building their own TRE/SDE platforms in parallel because they're not fucking daft and aren't going pay Palantir rates.

      Essentially we're gonna pay Palantir half a billion quid to do a smash-and-grab on the trusts' data and then sit there doing nothing with it.

    2. heyrick Silver badge

      "lots of consultants and strategy people; few things usefully happening"

      There's your problem right there. Those people will tell you what you need to do in exchange for big salaries, but won't lift a finger towards actually doing anything. Consultants don't "do", they "explain".

      1. Anonymous Coward
        Anonymous Coward

        Not really. The consultancy groups involved in this are almost universally opposed to Palantir's involvement. Palantir have an MO where they'll buddy up to an SI or partner to gain access to a new account and then once the business is won lock that now-former-partner out of the future work and have it all done by their *legions* of field engineers, who will design, build and (uniquely) operate the platform. Nobody's had the gumption to try that since the bad old IBM days.

        In this case the fuckwit powerpoint artists at Faculty AI are the ones who have been screwed. They leveraged their ~unique~ connections to senior figures in the Johnson government during covid to land themselves and Palantir at the centre of covid response. Palantir have now built this into a nine-figure revenue stream. Faculty meanwhile are begging for scraps.

        Your Accentures, your Deloittes, your Capgeminis and whathaveyers who are around the place at DHSC and NHSE might be unscrupulous, but they're not fucking stupid. They know fine well their only chance for a sustainable stream of future work is with someone like Microsoft or Databricks at the core of the future-state architecture. Letting Palantir run the show will yield another failure of a scale not seen since NPfIT.

        This is entirely, absolutely about what looks like revolving-door corruption with former senior departmental staff taking jobs at Palantir, and about common-or-garden-variety corruption with Palantir taking relevant senior ministers out for dinner and a round of golf or three.

        1. Anonymous Coward
          Anonymous Coward

          (OP here again.)

          Of course - they'll want to push either no technology, because then they can bill strategy and analysis time forever, or a different locked-in approach. As you say, it might be Microsoft, or something else. But they're all pushing their own lock-in. Palantir's tools are better than Microsoft's, for what they do, so I don't understand your point about avoiding Microsoft being the path to failure. They're *all* the path to failure, from the NHS's perspective, and the consultancies are only unhappy when the path to failure doesn't allow them to bill for it.

  8. s. pam Silver badge
    WTF?

    Not sure NHS really gets digital

    Go into the Ward Sister's office on the 7th floor of Hillingdon Hospital and see literal mountains of patient records in stacks from floor to ceiling

    1. Diogenes
      Facepalm

      Re: Not sure NHS really gets digital

      see literal mountains of patient records in stacks from floor to ceiling

      But they contains thousands of digits , all lovingingly crafted by peoples digits.

    2. JohnMurray

      Re: Not sure NHS really gets digital

      Exactly. What you don't know, is that every patients existing paper record follows them around the country. Literally.

      1. Anonymous Coward
        Anonymous Coward

        Re: Not sure NHS really gets digital

        Not really true and hasn't been for quite a while. The vast majority of GP records exist electronically and are transferred between surgeries electronically under a system called GP2GP. This digital integration of GP records is a system managed by NHSD and is exactly where NHSE/Palantir are going to hoover up your records from. There are certain scenarios where the system falls back to paper but they're increasingly rare. For example going from primary to secondary care, GPs have been uploading summary care records for use by hospitals since about 2015 and e-referrals have been a requirement since 2018.

        Likewise most hospital trusts should be operating with digital systems first. For example hospitals should have an electronic prescriptions/medicines administration system as the sole source of truth for medicines. This EPMA data is uploaded into an NHSD-managed data platform for centralised planning. This is exactly where NHSE/Palantir are going to hoover up your records from.

        There's a pattern here.

  9. NeilPost Silver badge

    Trusts….

    You don’t have a ‘single NHS England’ you have 250+ overlapping trusts with their own boards, CEO’s, finance teams, people and training teams all layering their own ‘localised practices’ bullshit on top of what NHS (England) Core systems (like ESR Payroll and Training) and supply-chain they deem to use, half use, ignore or on many cases duplicate.

    It’s run like the Co-op.

    1. Anonymous Coward
      Anonymous Coward

      Re: Trusts….

      We're talking about the non-departmental body called NHS England, of which there is very much one, not the NHS in England.

  10. Al fazed
    WTF?

    Well

    that provides some clarlity

    ALF

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