If a document of 'negative liberties' is intended to hold the State in check, then that is good news for the people and bad news for the new-kid bully on the block.
But this is England, the home of parliaments; this is NHS England...
And this is a Pulse exclusive –
GPs have a duty to inform patients about the care.data scheme under the Data Protection Act, but also are required to share their data with the Health and Social Care Information Centre (HSCIC) under the Health and Social Care Act.
Pulse previously revealed that Dr Gancz was one of two GPs who intended to opt out all his patients from the care.data scheme, although his name was withheld from publication at that time.
The letter to Dr Gancz from the Thames Valley Area team says: ‘We wish to discuss the remediation needed because you have published on your practice website information about the care.data extraction indicating that you intend opting your patients out of the data extraction unless they contact you to opt in.
‘This is contrary to NHS England’s requirement that patients will automatically be included unless they indicate to their practice that they wish to opt out.’
The letter adds that: ‘In accordance with schedule 6 part 8, regulation 115 of the NHS (GMS contract) regulations 2004, NHS England requires you to remedy this breach by taking the following steps: 1) Remove the second and third paragraphs of latest news, in the noticeboard section of your website; and 2) Remove any opt out codes which you have applied to your patients’ medical records without their prior consent.’
But Dr Gancz told Pulse that the letter shows a ‘disregard for patient’s interests’, and that he would not be changing the information on his website.
He said: ‘It will be interesting to see what power they have, if any, to stop one simply stating what is the case. People are being bulldozed into giving consent by default - that is on my website and it’s nothing but the truth - how can they tell me to take it off?’
He added: ‘The logic of this email is that unless I give in to the bullying of NHS England and illegally - as defined by the Data Protection Act and the GMC - release my patients’ confidential information, I shall have my contract to work as a GP withdrawn.The SCRs have been long in the making. You may read about their use in the Brighton and Hove pilot here -
This is from the Overview –
Consent has been a difficult issue for the SCR as a whole, and therefore for the Brighton pilot. Now that the SCR programme has been reviewed and its continued roll out confirmed, it has been agreed that an opt-out approach for the core data of the SCR together with an opt-in approach for any enrichment of the SCR (including EoLC) will be acceptable to clinicians. The added patient control of providing additional consent for staff to view in all clinical settings will be established also as part of the SCR guidance.This 'additional consent' is a nonsense. Once data is uploaded, any arm of the State may access it, including the police. Should Big Brother discard his beneficent mask and reveal his true face, we shall all have good reason to rue this day.
Further reading -
To hold power in check, a king was hauled to Runnymede to sign the Great Charter.
To hold power in check, a treasonous king was hauled to the block.
And what may hold lying officials and faceless officialdom in check...?
This is Orwellian Newspeak. They call this care.data because it has nothing to do with 'care'! Big Brother has waltzed into our lives...
Arm yourself with information and an opt-out form at Care.data, a website put together by Dr. Neil Bhatia, a Caldicott Guardian.