Member

The BMA is deeply concerned that this provision will water down the transparency of information to patients. Clause 77 would mean that personal data collected through mass scraping or ingested during AI training would not be subject to normal notification requirements if it involved disproportionate effort. Any reduction in transparency requirements is a backward step in promoting confidence in the use of health data, given the very close relationship between transparency and public trust that we have discussed. It contradicts the approach in the recently published ICO guidance about improving transparency in health and social care. Disapplying transparency requirements is contrary to societal expectations. More not less transparency is required to build and maintain public trust. Reducing transparency is also in direct contradiction of the National Data Guardian’s advice that there should be no surprises for patients about how and why their data is used.