Policy background
The role of the National Data Guardian for Health and Care was established in November 2014, with the intention that would advocate for patients and service users on how their health and care data is used. The Government gave a commitment at that time to place the role on a statutory footing at the earliest opportunity so that it could have a formal power to advise on this issue.
	The Government consulted on the functions associated with the role from September to December 2015 and, as was reflected in the response published in July 2016, there was broad support for putting the role on a statutory footing.
	The provisions in this Act seek to implement the outcome of that consultation, by establishing the role on a statutory basis. The Act establishes a National Data Guardian for Health and Social Care, with powers to provide formal guidance and informal advice to organisations and individuals about the processing of health and adult social care data in England.