NHSE must ‘demonstrate integrity’ in procurement of £480m data platform

The platform is NHS England’s flagship data project, which aims to allow NHS organisations to record and share data more easily.

A contract to provide the platform, worth up to £480m, was tendered in January – with the procurement process expected to conclude at the end of September.

Ahead of this, patient data watchdog Nicola Byrne has called on NHSE to demonstrate that safeguards are in place to “ensure the competition is fair”.

In a blog post, Dr Byrne said that a “genuine commitment to transparency is crucial” and that the public has a right to know “who is receiving money and on what terms”.

It comes amid concerns that incumbent supplier Palantir has an unfair advantage in the process, with the US-based firm widely regarded as the front-runner to win the contract.

Palantir, which primarily operates in the defence sector, provided the covid-19 data store – which the FDP will replace – at no cost during the height of the pandemic and was later awarded a £23m contract to continue this work with no open tender process.

A further contract worth £25m was issued to Palantir – again without an open tender process – in June to ensure a “smooth transition” from the current datastore to the FDP.

In her blog post, Dr Byrne called on NHSE to provide details on “who is making decisions, how they are being made and on what basis”, and to provide information on “how the incumbent supplier advantage is being mitigated”.

Concerns have also been raised around the protection of patient data on the platform owing to the role of the private sector in supplying it.

Dr Byrne urged NHSE to demonstrate that the NHS “remains in the driver’s seat” and that the power dynamic is not “skewed in favour of the commercial company”, whether it is Palantir or not.

She has called for clearer evidence about what exactly the supplier will be able to access and do with patient data, as well as what meaningful deterrents are in place to against improper use.

In June, legal advocacy group Foxglove and the Doctors’ Association UK issued a jointly written report to Parliament that raised concerns about the procurement process which it described as “flawed”.

Foxglove has since urged MPs to call for a pause on the FDP procurement until they can provide proper scrutiny.

The National Data Guardian, who has been consulted throughout the FDP tender process, revealed in her blog post that NHSE has prepared a “high-level plan” for how it will communicate with the public about the platform.

NHS England chief data officer Ming Tang said: “The National Data Guardian has provided much-appreciated support and wisdom throughout the development of the Federated Data Platform, and we will continue to work closely with her and others in ensuring this vital tool is delivered with the confidence of both colleagues and the public.

“As part of this, over the past 18 months, we have engaged with patients and the public, NHS staff and leaders, as well as experts from across data science, cyber, privacy and security, and remain committed to ensuring their voices are central to ongoing planning and implementation.”