Improving sharing of information
There is a need to ensure greater certainty among health and social care organisations about what information they can share and when, so that information is shared appropriately for the benefit of the health and adult social care sector and those using services.
	The processing of personal data (that is, information which identifies an individual or enables them to be identified) is subject to UK data protection legislation. The legislation does not impose restrictions on the sharing of information that is not personal data. If the information does not relate to identified or identifiable individuals, it may be shared without the need for rigorous safeguards to ensure privacy and confidentiality.
	The Act introduces a power for relevant health or social care bodies in England to require the sharing of information other than personal information for purposes related to their functions in connection with the provision of health services or adult social care in England. The requirement will only apply to information that is in a form that does not identify any individual or enable the identity of any individual to be ascertained, i.e. it is anonymous. This information is not subject to the retained version of the General Data Protection Regulation (EU 2016/679) (UK GDPR), the Data Protection Act 2018 or the common law duty of confidentiality. This means that pseudonymised or de-identified data, which enables individuals to be identified, does not fall under the power. In addition, the Act provides powers to make regulations that will enable the introduction of exceptions to the power, which would allow further safeguards to be introduced, for example, where the information requested is publicly available, or to ensure that the duty does not apply to commercially sensitive information.
	The duty to share anonymous information complements the existing duty on certain health or social care organisations to share information about an individual with certain persons where this is likely to facilitate the provision to the individual of health services or adult social care and is in the individual’s best interests (section 251B of the 2012 Act). The objective is to increase the sharing of anonymous data for the benefit of the health and adult social care sector.
	The intention is to require organisations to share anonymous information they already hold if required to do so by a relevant organisation; organisations are not required to undertake any process of anonymisation for the purpose of complying with the requirement.
	Requiring, enabling, facilitating and encouraging more effective use of data will support other key provisions in the Act, for example provisions strengthening the duty to cooperate across the health and care system, including integrated care boards, requiring them to have regard to the effects of their decisions on the health and well-being of the people of England, the quality of services and efficiency and sustainability in relation to the use of resources.