DigiHealth UK: Enhancing the Patient's Journey

1. Open Forum Events
Building Public Trust for Data
Use in New Technologies
Christopher Fincken
Chairman UK Caldicott Guardian Council
A Caldicott Guardian for Marie Curie
Email: caldicottguardian@hotmail.co.uk Mobile 07891 641090©𝐶. 𝐹𝑖𝑛𝑐𝑘𝑒𝑛 2017

2. PHILOSOPHY IDEAS TRUST
Why Isn’t
confidentiality
still absolute?
©𝐶. 𝐹𝑖𝑛𝑐𝑘𝑒𝑛 2017

3. ©𝐶. 𝐹𝑖𝑛𝑐𝑘𝑒𝑛 2017

4. ETHICS
• The four ‘pillars’ of ethics:
• Autonomy – respect for the patient’s right to self-determination
• Beneficence – the duty to ‘do good’
• Non-Maleficence – the duty to ‘not do bad’
• Justice – to treat all people equally and equitably.
©𝐶. 𝐹𝑖𝑛𝑐𝑘𝑒𝑛 2017
Do Ethics drive our
behaviour, or the law?
Does the law reflect ethics?

5. Consequences!
•Foreseen consequences
•Unforeseen consequences
•Doing something
•Not doing something
•History and The wonder of hindsight!
©𝐶. 𝐹𝑖𝑛𝑐𝑘𝑒𝑛 2017

6. TRAGEDY CHANGES PUBLIC OPINION
What are the values of Society?
©𝐶. 𝐹𝑖𝑛𝑐𝑘𝑒𝑛 2017

7. The Law & Ethics
• Legal Opinion
• Adversarial
• Case Law
• COMPLEX!!!!!!!!!!
• Law codifies the values of society at any given time in history
• Ethical not just legal basis for decisions
• Caldicott Principles
©𝐶. 𝐹𝑖𝑛𝑐𝑘𝑒𝑛 2017

8. Caldicott Guardians
bring to bear ethical as well
as legal considerations,
making fine judgements
about human situations that
are rarely codified and could
not be done by a machine.
©𝐶. 𝐹𝑖𝑛𝑐𝑘𝑒𝑛 2017

9. ©𝐶. 𝐹𝑖𝑛𝑐𝑘𝑒𝑛 2017
WHY do we need Caldicott
Guardians?
WRITE
IT
DOWN!

10. The Caldicott Principles
1. Justify the purpose(s)
2. Don’t use personal confidential data unless it is absolutely necessary -
3. Use the minimum necessary personal confidential data
4. Access to personal confidential data should be on a strict need-to-know basis
5. Everyone with access to personal confidential data should be aware of their
responsibilities
6. Comply with the law
7. The duty to share information can be as important as the duty to protect patient
confidentiality. Health and social care professionals should have the confidence to
share information in the best interests of their patients within the framework set out
by these principles. They should be supported by the policies of their employers,
regulators and professional bodies.
©𝐶. 𝐹𝑖𝑛𝑐𝑘𝑒𝑛 2017

11. DIFFERENCE BETWEEN CALDICOTT AND IG
SIRO’s and Caldicott Guardians
SECURITY AND IG ARE NOT NEW!
©𝐶. 𝐹𝑖𝑛𝑐𝑘𝑒𝑛 2017

12. Cyber Security
WHY SHOULD I
TRUST YOU?
WHERE IS THE PATIENT/
SERVICEUSER /CLIENT
/SUBJECT?
©𝐶. 𝐹𝑖𝑛𝑐𝑘𝑒𝑛 2017

13. OPPORTUNITIES?
BENEFITS?
RISKS?
WHO DECIDES?
©𝐶. 𝐹𝑖𝑛𝑐𝑘𝑒𝑛 2017

14. ©𝐶. 𝐹𝑖𝑛𝑐𝑘𝑒𝑛 2017
MEET THE
ANCESTORS
“OUR LEGACY”
FUTURE
GENERATIONS?Friedrich Fincken -
Sugar Baker

15. ©𝐶. 𝐹𝑖𝑛𝑐𝑘𝑒𝑛 2017
You can’t do that because
of IG
I thought
you were
here to help
me

16. ©𝐶. 𝐹𝑖𝑛𝑐𝑘𝑒𝑛 2017
1. Is it Legal? - What is the legal basis?
2. Is it Ethical? – What are the ethical considerations?
3. Is it compliant with ALL Caldicott Principles?
4. Is there any relevant guidance – e.g. GMC,ICO,UKCGC,IGA.

17. Information Governamce (IG) Issues
PRIVACY IMPACT ASSESSMENTS (PIA’s)
FAIR PROCESSING NOTICES
REAL CONSENT?
WHO OWNS THE DATA?
WHO CONTROLS THE DATA?
©𝐶. 𝐹𝑖𝑛𝑐𝑘𝑒𝑛 2017

18. ©𝐶. 𝐹𝑖𝑛𝑐𝑘𝑒𝑛 2017
The Secretariat can be contacted via
email: ukcgcsecretariat@nhs.net
(General IG Enquiries)
http://systems.hscic.gov.uk/infogov/iga
https://ico.org.uk/
https://ico.org.uk/media/for-
organisations/documents/1595/pia-code-of-
practice.pdf(Privacy Impact Assessment Guidance)

19. LEADERSHIP?
Christopher Fincken
07891 641090
caldicottguardian@
hotmail.co.uk
©𝐶. 𝐹𝑖𝑛𝑐𝑘𝑒𝑛 2017