Caldicott’s concerns: DeepMind and the Royal Free London
Adam Rose & Nina O'Sullivan
Digital Health Legal
14 June 2017

Caldicott’s concerns: DeepMind and the Royal Free London

The latest medical data sharing controversy to attract the interest of regulators and the press involves the Royal Free London (‘RFL’), one of London’s biggest hospitals, and its arrangements with DeepMind, involving the transfer of 1.6 million identifiable patient records, without explicit patient consent, as part of the development and testing of an application relating to acute kidney injury.

‘Streams’ integrates different types of data and tests results, and can be used by clinicians to quickly identify patients with acute kidney injury, with the aim of saving medical staff valuable time and improving patient outcomes. Attention on the arrangements, in particular the Information Sharing Agreement between the RFL and DeepMind, intensified following a letter from Dame Fiona Caldicott, the UK’s National Data Guardian, on the subject of the Agreement, which was sent to Professor Powis, Medical Director at the RFL and published in the national press. Adam Rose and Nina O’Sullivan of Mishcon de Reya LLP assess the Agreement and the concerns put forward by Dame Caldicott.

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