National data opt-out policy: compliance deadline extended

The deadline for health and care organisations in England to declare compliance with the national data opt-out policy has been extended to 31 July 2022. This is to enable care providers to focus their resources on the coronavirus outbreak. It had previously been extended to 31 March 2022 for the same reason.

What is the national data opt-out policy?

The national data opt-out policy helps ensure there are procedures in place to review uses or disclosures of confidential information for your service users, and to allow them to opt-out if they request it.

This is in response to a proposal made by the National Data Guardian’s Review of Data Security, Consent and Opt-Outs (NDG Review), that:

“There should be a new consent/opt-out model to allow people to opt-out of their personal confidential data being used for purposes beyond their direct care”.

A review found that it’s in the best interest for people in care to be made aware of the ways their data is processed and what the benefits are. Anybody with concerns should be able to opt-out based on a single question that covers all uses of data beyond individual care.

When an individual sets an opt-out choice, it is to be recorded against their NHS number on the Spine portal. To achieve full compliance, you will need to implement a technical solution to apply new data opt-outs and to enable you to check lists of NHS numbers against those with national data opt-outs registered.

The documented procedures need to be made available and communicated to staff internally using usual methods – for example, newsletters, email or intranet updates. Service users should also be made aware of the changes, as well as organisations who you may share data with. Finally, you will need to declare you are compliant.

More information on the national data opt-out policy and the steps involved in achieving compliance can be found here.

The national data opt-out policy in CareDocs

The national data opt-out applies to the disclosure of confidential individual information for purposes beyond individual care across the health and adult social care system in England.

To evidence compliance, local policies and procedures will need to be updated. We’ve added a digital policy document that can be imported into your CareDocs system and tailored to reflect the needs of your business.

The policy document in CareDocs is fully customisable and includes information on:

• What is national data opt-out?
• Who can opt-out?
• Internal communications
• Legal framework and lawful basis
• When does a national data opt-out apply?
• Applying the national data opt-out
• Record removal
• And more…

CareDocs has a wide-range of Policy and Procedure templates for care of individuals, management of the environment and service management. You can also create your own digital documents, or copy your existing documents into the system. We also provide tools to help you keep track of who has read them.

How do I import the policy document in CareDocs?

As part of the compliance process, care organisations must update their local Policies & Procedures to evidence consideration of the national data opt-out policy, and for the application of opt-outs. 

To import a digital version of the policy into your system: Starting in the Policies & Procedures section, go to the Service management category. The new policy document will be at the very bottom of the page included in the list of new documents ready to import.

Alternatively, you can choose to create a new document in CareDocs. Either type in your own written policy, or copy and paste text from an existing document you are using elsewhere to help keep everything in one place.

For further assistance using Policies & Procedures, please contact support@caredocs.co.uk.

To find out more about CareDocs and how our software can help you manage your care business, why not book a free demo with one of our friendly Business Development Managers?