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ICO issues an Undertaking but no fine following its investigation into Royal Free/DeepMind deal
 Article 
Author
Adam Rose & Nina O'Sullivan
Source
Digital Health Legal
Date
13 July 2017

ICO issues an Undertaking but no fine following its investigation into Royal Free/DeepMind deal

Following the publication in February 2017 of National Data Guardian Dame Fiona Caldicott’s letter to the Medical Director at the Royal Free Hospital in London (‘the RFL’), the UK’s Information Commissioner’s Office (‘ICO’) has now concluded her investigation into the ‘Streams’ project, a collaboration between the RFL and Google’s DeepMind business. As part of the development and testing of the Streams application (relating to acute kidney injury), the RFL had transferred some 1.6 million identifiable partial patient records to DeepMind for the purposes of the clinical safety testing of the Streams application, without patient consent. Adam Rose and Nina O’Sullivan of Mishcon de Reya LLP detail the scope of the ICO’s investigation and the outcome, and the lessons to be learned.

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