AI data-sharing deal ‘breaks national guidance’

The 10-year agreement between the Royal National Orthopaedic Hospital and population health company Naitive Technologies contravenes NHS England and government guidance, which warns against granting “exclusive” use of patient data to private companies.

The data-sharing deal was struck in July 2018 — a year before the national guidance was released in 2019. The deal has only recently come to light through a published response to a freedom of information request to the trust.

Campaign group MedConfidential, which submitted the FOI request, said: “Arrangements which contravene NHS guidelines undermine patients’ confidence that their data is safe with the NHS.”

RNOH said it is currently in negotiations with Naitive to amend the agreement to reflect current NHS guidance, particularly around the exclusivity issue. It said it had “conducted [itself] appropriately at all times” and taken account of the guidance around exclusivity in subsequently agreed contracts.

The trust at first denied knowledge of the deal in their initial response to MedConfidential’s FOI request. But later admitted this was an error and released the details.

RNOH has previously said  Naitive Technologies is using the data for a project to create AI models to help in the early diagnosis of osteoporosis.

The trust refused to provide HSJ  with the number of patients whose data has been shared because it said this information is “commercially sensitive to Naitive”. It did confirm it included X-ray data and said that “no identifiable patient data leaves the trust”.

It added: “As part of a commercial arrangement, we share anonymised data to develop technology to improve diagnostics for patients.”

CEO role

RNOH’s then CEO Rob Hurd joined the Naitive Technologies board in July 2018 — the same time as the data agreement was signed — in what the trust said was a “representative” role.

Mr Hurd stepped down from the company’s board in February 2020 when the relationship between the trust and the company “moved from… a research collaboration to the RNOH now considering a potential commercial relationship with the company,” according to a declaration of interest published in the trust’s 2018-19 annual report.

The trust said Mr Hurd received no pay for this role with Naitive Technology, and he did not hold shares. Mr Hurd is now chief executive officer of North West London Integrated Care Board.

Naitive Technologies did not reply to a request for comment.