NHS England needs to address bidding process

NHS England needs to address growing public concern about the £480 million contract to operate its Federated Data Platform (FDP), according to the National Data Guardian for Health and Social Care.

Writing in her bog, Dr Nicola Byrne said she wants to address growing public concerns about NHS England’s FDP contract “so that it does not lose public support and so that planning and research do not suffer.”

Byrne said NHS England gave her a high-level communications plan last week and said the Professional Record Standards Body will be engaged to help design the FDP.

She welcomed these moves, but said they come too late and mirrored previous bad experiences with Care.data and GPDPR, which were “well-intentioned” but ultimately failed due to inadequate communication.

“They remind us of how vital it is to communicate and engage effectively with the public and professionals to maintain trust in how the NHS handles people’s data,” Byrne wrote.

She advised NHS England to urgently prioritise communicating with the public to demonstrate:

The FDP’s “likely (not simply hoped for)” benefits to patients and NHS staff, by explaining its overall purpose, use cases, and how it will help coordinate real-time care

The integrity of the procurement process, by revealing decision makers, demonstrating independent scrutiny, and addressing perceived advantages of bidders like Palantir
Control of the process, including assurances about the supplier relationship, like what data access the supplier will have, safeguards against misuse, and contract termination provisions.

“[People] want to feel confident that the power dynamics are not skewed in favour of the commercial company and that the NHS remains in the driving seat. In the case of this specific procurement, people also want to understand the nature of the supplier’s relationship with their data, Byrne wrote.

Byrne acknowledged that commercial involvement in NHS data raises concern, but insisted the public will support the FDP if there is “a commitment to authentic communications, engagement and transparency”; if the public can see demonstrable benefits to the health service; and if adequate safeguards are in place.

She said NHS England must avoid “guarded communications” that fuel distrust. She advised transparency, even if it means acknowledging unknowns.

“I hope NHS England avoids any tendency towards overly cautious communications in the face of public criticism – for example, out of anxiety that responding to concerns will substantiate them or fuel them further,” Byrne wrote.

Palantir is a particularly controversial choice thanks to the company’s background with in CIA, use by US immigration control and closeness to former president Trump.

This week, emails emerged suggesting NHS officials knew Palantir would win the deal well before it was officially awarded.

In June, NHS England awarded a £25 million contract to Palantir, to transfer existing NHS projects into the FDP, in what legal campaigners described as a “stitch up”.

In all, Palantir has secured five consecutive NHS contracts without having the inconvenience of a competitive bidding process.