It gives effect to the right set out in the NHS Constitution to “request that your confidential information is not used beyond your own care and treatment”. The policy is intended to implement the recommendations of the NDG review and thereby help to increase public confidence and trust in the use of their health and care data.
A number of mechanisms have been put in place to ensure that organisations within health and adult social care comply with the national data opt-out policy as required. Principally this is a combination of information standards, statutory guidance, contractual levers, legal requirements and information for the public to increase visibility and transparency of compliance at a local level.
It should be noted that health and adult social care bodies are legally required to “have regard to” information standards (made under Section 250 of the Health and Social Care Act 2012) and statutory guidance (issued under Section 263 of the Health and Social Care Act 2012)