Data Protection and Digital Information (No. 2) Bill: HIV Infection

Department for Science, Innovation and Technology written question – answered on 18 July 2023.

Alert me about debates like this

Photo of David Mundell David Mundell Conservative, Dumfriesshire, Clydesdale and Tweeddale

To ask the Secretary of State for Science, Innovation and Technology, whether her Department has made an assessment of the potential impact of the Data Protection and Digital Information (No.2) Bill on people living with HIV.

Photo of David Mundell David Mundell Conservative, Dumfriesshire, Clydesdale and Tweeddale

To ask the Secretary of State for Science, Innovation and Technology, if the Information Commissioner’s Office will publish guidance for (a) employers, (b) health and social care settings and (c) police forces on sharing data about a person's HIV status.

Photo of David Mundell David Mundell Conservative, Dumfriesshire, Clydesdale and Tweeddale

To ask the Secretary of State for Science, Innovation and Technology, whether she has had recent discussions with the Information Commissioner’s Office on the adequacy of the guidance provided on their website for (a) identifying and (b) reporting breaches of data protection law related to personal health data.

Photo of John Whittingdale John Whittingdale The Minister of State, Department for Culture, Media and Sport, Minister of State (Department for Science, Innovation and Technology)

The UK’s data protection legislation requires all organisations to process personal data lawfully, fairly, transparently and securely. There are stricter conditions and safeguards in relation to processing of personal data relating to people’s health.

The Data Protection and Digital Information (no. 2) Bill does not remove or amend these foundational principles. Instead, it builds on the existing elements of the legislation to make it more ambitious and innovation-friendly, while still underpinned by secure and trustworthy data standards.

The ICO already has published guidance for organisations on the use of special category data, but it has recently been made aware of concerns linked to the inappropriate sharing of personal health data, including the HIV status of individuals. It is currently engaging with the organisations involved to understand these issues further. It has indicated that it will take the necessary steps to ensure that it supports and advises relevant organisations about sharing sensitive information, and that it is clear in its guidance about identifying and reporting breaches linked to health data.

Does this answer the above question?

Yes1 person thinks so

No0 people think not

Would you like to ask a question like this yourself? Use our Freedom of Information site.