Charity to challenge secret Home Office-NHS data-sharing deal that puts migrants off seeking vital medical help
Submission to the High Court argues agreement violates patients’ right to privacy under the Human Rights Act
Crowdfunder launched to harness support to defend access to healthcare
The Migrants’ Rights Network (MRN) are today launching a legal challenge to a secret data-sharing agreement between the Home Office, Department of Health and NHS that violates patient confidentiality and puts all migrants at risk.
The agreement gives the Home Office access to confidential patient information to aid immigration enforcement. It was written in secret, without consulting NHS staff, medical organisations or the public, and published in January this year.
MRN – represented by human rights organisation Liberty in its challenge – believes the deal is both unethical and unlawful because it violates patient confidentiality, discriminates against non-British patients and will leave seriously unwell people fearful of seeking medical care.
Fizza Qureshi, Director of Migrants’ Rights Network, said: “We are gravely concerned that immigration enforcement is creeping into our public services, especially the NHS. And therefore, it is important to challenge this data-sharing agreement which violates patient confidentiality, and discriminates against those who are non-British.
Health professionals should not have to be forced to act as immigration officers, or to have to breach patient confidentiality. We want the NHS to live up to its founding principles, to be a place of help and support for those who need it regardless of their immigration status.”
MRN is calling on the public to back its challenge via crowdfunding site CrowdJustice (https://www.crowdjustice.com/case/stopnhsdatasharing), to help the campaigning organisation cover its costs and continue its work protecting the rights of all migrants in the UK.
Lara ten Caten, lawyer for Liberty, said: “We are proud to be representing Migrants’ Rights Network in their challenge to this toxic data-sharing arrangement. It undermines every principle our health service is built on – it is discriminatory, shows contempt for patient confidentiality and privacy and is putting lives at risk.
This case is an important step forward in the fight to dismantle this Government’s ‘hostile environment’ regime, which has seen the tentacles of immigration enforcement reach into our schools and hospitals, turned trusted public servants into border guards and spread racial profiling, suspicion and fear into every corner of society.”
Fear, discrimination and contempt for confidentiality
In detailed submissions to the High Court, MRN argues the data-sharing arrangement:
- violates patient’s’ right to privacy under the Human Rights Act;
- cannot pass the considerable public interest test required to breach the doctor-patient relationship;
- is leaving migrants too scared to access healthcare services they are entitled to, for fear their address and other personal information may be passed onto the Home Office. This could have a particularly negative effect on children, pregnant women, people with disabilities and victims of trafficking and abuse
- discriminates against non-British patients.
Kingsley Manning, former Chair of NHS Digital, who is supporting MRN’s challenge, said: “To serve patients the NHS is critically dependent on the citizens’ willingness to trust it with their most sensitive, personal data. The lack of transparency in the decision to share any patient data between the NHS and the Home Office, threatens that trust and therefore the integrity of the NHS as a safe-haven for personal data.”
Dr Jessica Potter, Medact Refugee Solidarity Group, said: “Protecting patients’ right to confidentiality underpins my duties as a doctor and that of all healthcare professionals. If we break this, even unintentionally, we risk our patient-doctor relationship, and undermine the Hippocratic oath.
I will be supporting the legal challenge of the data sharing agreement between the Home Office and the NHS, because I do not want to be deterring people from seeking help when they are unwell. This is not only inhumane, it threatens everyone’s health. I hope others will join me to support this challenge and help raise funds for the legal costs.”
Contact the Migrants’ Rights Network on 020 8123 6021 / 07534 488696
If you would like a copy of the statement of grounds, please contact [email protected]
- The Migrants’ Rights Network (MRN) is a campaigning organisation that is working for the rights of all migrants in the UK. We believe in a rights-based approach to migration policies, and work with migrant and refugee communities to amplify their voices on issues that affect them.
- MRN is calling on the public to back its challenge via crowdfunding site CrowdJustice (https://www.crowdjustice.com/case/stopnhsdatasharing), to help the campaigning organisation cover its costs and continue its work protecting the rights of all migrants in the UK.
- NHS Digital (previously the Health and Social Care Information Centre) provides national information, data and IT systems for health and care services.
- Under the memorandum of understanding, the Home Office may request ‘non-clinical’ information held by NHS Digital. This includes forename, middle names, surname, date of birth, gender, last known address, and contact details of their primary care service.
- Data can be requested when the Home Office believe someone is in the UK without permission and disclosure by NHS Digital is a matter of public interest. The Home Office must also have tried to find the patient itself and failed in order for NHS Digital to share patient details.
- Liberty was founded in 1934. We are a membership organisation at the heart of the movement for fundamental rights and freedoms in the UK. We promote the values of individual human dignity, equal treatment and fairness as the foundations of a democratic society. We do this through a combination of public campaigning, test case litigation, parliamentary work, policy analysis and the provision of free advice and information.