Christopher Fincken

Open Forum Events

Building Public Trust for Data Use in New Technologies

Christopher Fincken

Chairman UK Caldicott Guardian CouncilA Caldicott Guardian for Marie Curie

Email: [email protected] Mobile 07891 641090©𝐶. 𝐹𝑖𝑛𝑐𝑘𝑒𝑛 2017

mailto:[email protected]

PHILOSOPHY IDEAS TRUST

Why Isn’t confidentiality still absolute?

©𝐶. 𝐹𝑖𝑛𝑐𝑘𝑒𝑛 2017


ETHICS

• The four ‘pillars’ of ethics:

• Autonomy – respect for the patient’s right to self-determination

• Beneficence – the duty to ‘do good’

• Non-Maleficence – the duty to ‘not do bad’

• Justice – to treat all people equally and equitably.


Do Ethics drive our behaviour, or the law?

Does the law reflect ethics?

Consequences!

•Foreseen consequences

•Unforeseen consequences

•Doing something

•Not doing something

•History and The wonder of hindsight!©𝐶. 𝐹𝑖𝑛𝑐𝑘𝑒𝑛 2017

TRAGEDY CHANGES PUBLIC OPINION

What are the values of Society?©𝐶. 𝐹𝑖𝑛𝑐𝑘𝑒𝑛 2017

The Law & Ethics• Legal Opinion

• Adversarial

• Case Law

• COMPLEX!!!!!!!!!!

• Law codifies the values of society at any given time in history

• Ethical not just legal basis for decisions

• Caldicott Principles


Caldicott Guardians bring to bear ethical as well as legal considerations, making fine judgements about human situations that are rarely codified and could not be done by a machine.



WHY do we need CaldicottGuardians?

WRITE IT

DOWN!

The Caldicott Principles

1. Justify the purpose(s)

2. Don’t use personal confidential data unless it is absolutely necessary -

3. Use the minimum necessary personal confidential data

4. Access to personal confidential data should be on a strict need-to-know basis

5. Everyone with access to personal confidential data should be aware of their responsibilities

6. Comply with the law

7. The duty to share information can be as important as the duty to protect patient confidentiality. Health and social care professionals should have the confidence to share information in the best interests of their patients within the framework set out by these principles. They should be supported by the policies of their employers, regulators and professional bodies.


DIFFERENCE BETWEEN CALDICOTT AND IG

SIRO’s and Caldicott GuardiansSECURITY AND IG ARE NOT NEW!


Cyber Security

WHY SHOULD I TRUST YOU?

WHERE IS THE PATIENT/SERVICEUSER /CLIENT

/SUBJECT?


OPPORTUNITIES?BENEFITS?RISKS?

WHO DECIDES?



MEET THE ANCESTORS

“OUR LEGACY”FUTURE

GENERATIONS?Friedrich Fincken -Sugar Baker


You can’t do that because of IG

I thought you were

here to help me


1. Is it Legal? - What is the legal basis?

2. Is it Ethical? – What are the ethical considerations?

3. Is it compliant with ALL Caldicott Principles?

4. Is there any relevant guidance – e.g. GMC,ICO,UKCGC,IGA.

Information Governamce (IG) Issues

PRIVACY IMPACT ASSESSMENTS (PIA’s)

FAIR PROCESSING NOTICES

REAL CONSENT?

WHO OWNS THE DATA?

WHO CONTROLS THE DATA?©𝐶. 𝐹𝑖𝑛𝑐𝑘𝑒𝑛 2017


The Secretariat can be contacted via

email: [email protected]

(General IG Enquiries)

http://systems.hscic.gov.uk/infogov/iga

https://ico.org.uk/

https://ico.org.uk/media/for-organisations/documents/1595/pia-code-of-practice.pdf(Privacy Impact Assessment Guidance)

LEADERSHIP?

Christopher Fincken

07891 641090

caldicottguardian@ hotmail.co.uk


Government & Nonprofit

Christopher Fincken