Health and Social Services: Data Sharing Agreement

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 23 February 2018:

Decision Reference: MD-HSS-2018-0003
Decision Summary Title:	Information Sharing Schedule 3, Paragraph 8 (2) of the Data Protection (Jersey) Law 2005	Date of Decision Summary:	12 February 2018
Decision summary Author:	Governance and Legislation Manager & Head of Risk Management	Decision Summary: Public Or Exempt?	Public
Type of Report: Oral or Written?	Written	Person Giving Oral Report:	N/A
Written report: Title:	National and International Clinical Audit Participation: Quality Improvement, Information Sharing and Governance	Date of Written Report:	12 February 2018
Written report: Author:	Clinical Audit and Effectiveness Department, HSSD	Written Report: Public or Exempt?	Public
Subject: Information Sharing Schedule 3, Paragraph 8 (2) of the Data Protection (Jersey) Law 2005.
Decision(s): The Minister approved an application to endorse a data sharing agreement under Information Sharing Schedule 3, Paragraph 8 (2) of the Data Protection (Jersey) Law 2005; demonstrating that there is an authority in Jersey, acting on behalf of the Government, that mandates data sharing for the purpose of audit and quality improvement (including benchmarking) processes.
Reason(s) for Decision: This is to provide assurance to National and International Bodies that there is an authority in Jersey acting on behalf of the government that endorses the sharing of patient/client data for participation in audit and quality improvement activities nationally and internationally.
Resource Implications: Resources already in place.
Action Required: Application to be made from the Clinical Audit and Effectiveness Department, HSSD for a data sharing agreement under the Information Sharing Schedule 3, Paragraph 8 (2) of the Data Protection (Jersey) Law 2005.
Signature:	Position: Minister for Health and Social Services
Date signed:

Health and Social Services: Data Sharing Agreement

HEALTH & SOCIAL SERVICES

MINISTERIAL DECISION - WRITTEN REPORT

Information Sharing Schedule 3, Paragraph 8 (2) of the Data Protection (Jersey) Law 2005 - Clinical Audit and Effectiveness Department, HSSD. Application for a Data Sharing Agreement.

Issue:

In England and Wales the reporting of quality in healthcare is covered under contract as National Clinical Audit, in Northern Ireland and the Isle of Man there is a separate mandate from health policy makers. As these mechanisms are not applicable in Jersey there is a requirement for HSSD to clarify who is the authority on behalf of the government that allows the reporting of quality of healthcare in Jersey.

The Minister is requested to approve a Data Sharing Agreement under Information Sharing Schedule 3, Paragraph 8 (2) of the Data Protection (Jersey) Law 2005 that will authorise patient data to be provided to recognised audit commissions. Information is shared securely and appropriately with only the minimum (e.g. DOB, record number, post code) data being supplied and processed according to established information governance protocols.

Background:

Clinical Audit is a quality improvement process that seeks to improve patient care and outcomes through systematic review of care against explicit criteria and the implementation of change. The participation in audit assists in directing resources to the better management of health and social care services, enables more effective and efficient provision of health and social care and treatment; it informs a strategy for quality improvement and clinical effectiveness.

Information sharing is applicable under Schedule 3, Paragraph 8 (2) of the Data Protection (Jersey) Law 2005. Patient data is provided only to recognised audit commissions securely and appropriately. Only the minimum data will be supplied and processed according to established information governance protocols.

This Ministerial Decision not only endorses HSSD’s relationship with the audit commissions but endorses HSSD’s participation in national and international audits to support quality improvement in health and social care services.

Information Sharing protocols and procedures are in place and have been for a number of years. These will be formally ratified in keeping with the information governance requirements to formalise and endorse relationships and contracts for participation in selected UK and International audits. The new guidance will outline the manner in which information is to be supplied, the channels for information transfer and confirm HSSD’s commitment to information security and the privacy of its patients/clients.

Each of our quality improvement partners will be required to provide assurances as to how information is processed within their organisation prior to any sharing of information and data.

Recommendation:

The Minister is requested to approve the application from the Clinical Audit and Effectiveness Department, HSSD for a data sharing agreement under the Information Sharing Schedule 3, Paragraph 8 (2) of the Data Protection (Jersey) Law 2005.