Consultation by the National Data Guardian for Health and Social Care

The National Data Guardian for Health and Social Care (NDG) sought views over the summer on the possibility of revising and expanding the seven existing Caldicott Principles in an open consultation which was launched on 25 June 2020 and ended on 23 September 2020. The NDG also proposed the use of statutory powers to issue guidance about organisations appointing Caldicott Guardians to uphold the Caldicott Principles. During its work to consider adding a new principle, the NDG reviewed the wording of the existing principles. The proposed new principle emphasises the importance of ensuring that there are no surprises for patients and service users with regard to the use of their confidential health and care data, and it is hoped that this will clarify patient and service user expectations and be consistent with the direction that the courts have set in placing an individual’s reasonable expectations of privacy at the centre of the duty of confidentiality.