Care.data – MPS advice to members

3 Mar 2014 Estimated read time: 3 min read
What GPs need to know about the care.data programme

The care.data programme has been delayed following criticism of the way the information campaign supporting it was implemented. The new data-sharing initiative that will see patient information extracted from clinical records in order to support commissioning, planning and research will now not start taking patient data until the Autumn to allow NHS England to review the public awareness campaign.
NHS England have made it clear that they will continue with the programme and MPS advises members to proceed on the basis that the process will go ahead, as planned, in the Autumn.


A GP’s principal responsibility concerning the care.data programme relates to the fair processing of information. Practices must ensure that they engage with the process and follow the guidance contained in the NHS England material (see below), as this will put them in the best position in the event that a complaint is raised.

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MPS was amongst those that raised concerns about the programme, after 77% of GP members told us they did do not think NHS England had given them enough information to properly inform patients. You can read more about this in our press statements. The Health and Social Care Act 2012 has made it a legal requirement for healthcare providers (including GP practices) to share patient data with the Health and Social Care Information Centre (HSCIC). However, as a matter of policy, if a patient expressly objects, NHS England and the HSCIC will uphold the objection, except where there are other legal requirements, or a public health emergency.

Patients can object to confidential information being shared outside their GP practice – for any other purpose than direct care – by asking their GP practice to note this in their health record. They can also ask for confidential information to not be shared after it reaches the HSCIC. The guidance material below explains the different options for patients and how their objections should be noted in their records.

If you have followed NHS guidance in engaging with the process we believe it is unlikely that a complaint or legal action would be successful. However, medicolegal cases always turn on their own unique facts, and members with specific queries should contact us on our advice line on 0845 605 4000, or in writing to querydoc@mps.org.uk, to discuss the issues with one of our experienced advisers.

However, medicolegal cases always turn on their own unique facts, and members with specific queries should contact us

If a patient complains, or threatens to take legal action in respect of the way you have dealt with his or her records under the care.data scheme, MPS can provide support and advice in the usual way, and you should contact us immediately with the details.

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