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Friday, March 4, 2011

BMA criticises Health and Social Care Bill

By Desmond Lefevre


The British Medical Association has told the coalition government that NHS IT reforms contained in the Health and Social Care Bill run the risk of prioritising accessibility of data over individual privacy, and has said it will lobby for a change in the law. The legislation opens up patient files to a number of sources, including the new Commissioning Board, the NHS Information Centre and the Health Secretary Andrew Lansley, according to the BMA.

Dr Vivienne Nathanson, Head of Science and Ethics at the BMA, has warned that the Bill doesn't give enough weight to patient confidentiality, especially with regard to information sharing and the protection of patients' identities. She said that where patients fear that their data could be shared with others, it may result in them withholding important information. The notion that this could result in patients putting their own health at risk was backed up with real-life examples of instances where patients only told doctors about their conditions because of their faith that confidentiality was guaranteed.

Nathanson said that a lack of appropriate safeguards would have a negative impact on doctors as well as patients, and that the Bill undermines assurances from government that patients will be given a greater degree of control over their own data.

Defending the Health and Social Care Bill, the Department of Health has argued that instances of underperformance in the NHS will become more visible, which will bring about an improved standard of care for patients. Concerns about confidentiality were dismissed; a statement from the Department of Health cited the safeguards enshrined in the Data Protection Act and the common law of confidence.

The Information Commissioner's Office has embraced the Health and Social Care Bill, and expressed a commitment to cooperating with stakeholders including the BMA and the Department of Health in order to achieve a balance "between improved transparency in healthcare delivery and increased patient control over their personal details." Privacy campaigners will be keeping a watchful eye on the situation.




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