The Good Law Project (GLP) has taken NHS England to court over its dodgy deal with US spooks Palantir.
The contract, worth a whopping £330 million, gives the firm access to the new Federated Data Platform (FDP), which supposedly links up patient data across the NHS.
But the contract, reluctantly published by the government in December, is full of blacked-out bits. The GLP claims that 417 out of 586 pages have been obliterated, leaving more blanks than a crossword puzzle in a power cut.
“We think this is not only outrageous, but illegal. Government policy says public bodies have to explain why they redact contracts, but despite the huge amount of ink used on Palantir’s contract, no reasons have been given,” GLP said.
“We have now sued NHS England to reveal what they are hiding.”
The organisation wants the contract to be republished without the redactions, or at least with some justification for them, as the Freedom of Information Act requires.
The group has given NHS England 14 days to reply to their legal letter, which they sent on 12th February.
An NHS spokesperson just confirmed they got the letter and said, “NHS England…will be fobbing them off er replying soon.”
The legal challenge adds to the growing row over Palantir’s role in the FDP project.
NHS England started working with Palantir during the pandemic, through a cheap £1 contract, which the firm has since used to win more juicy contracts with the NHS – where it is now the preferred partner.
The NHS claims the FDP is a tool to connect trusts and regions, making it easier for doctors to access patient data and improve healthcare.
But the FDP has faced questions over its cost and duration. While the contract says it is a £182.2 million programme for four years, the NHS says it might last for seven years and cost £330 million.
There are also worries over privacy and data security, given Palantir’s shady past, which have led to calls for more scrutiny and accountability from NHS England.
In November, ex-Cabinet minister David Davis slammed Palantir as a wrong choice to lead the FDP.
Davis said that, even if Palantir behaved well, it would still lack public trust.
Last year, four campaign groups also sued NHS England over the FDP.
Led by Foxglove, the legal challenge argues that the government failed to sort out the legal issues around the FDP.
The groups said that only a few trusts, currently testing the software, have seen any benefits.
Rosa Curling, boss of Foxglove, stressed the need for parliament to approve and regulate the use of NHS data.
Hope Worsdale, from Just Treatment, said that ministers skipped important steps to build a solid legal basis for the FDP.
The Good Law Project also objects to redactions in an NHS contract with biotech firm IQVIA, especially around the development of a ‘privacy enhancing technology’ meant to work with the FDP.
With most of the FDP contract covered in secrecy, there are still doubts over transparency and oversight.
The GLP says it is also preparing another legal action, to make sure every patient can protect their privacy through an NHS data
