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Registration Number: {{org_field_registration_no}}


National Data Opt-Out Policy

1. Purpose

The purpose of this policy is to outline {{org_field_name}}’s commitment to complying with the National Data Opt-Out requirements set by NHS England. The National Data Opt-Out ensures that individuals have the right to opt out of their confidential patient information being used for research and planning purposes beyond their direct care. {{org_field_name}} is dedicated to managing service users’ data ethically, securely, and in full compliance with legal and regulatory frameworks.

This policy provides guidance on how we implement and manage the National Data Opt-Out process, ensuring that service users’ rights are respected while maintaining high standards of care and regulatory compliance.

2. Scope

This policy applies to:

It covers:

3. Legal and Regulatory Framework

This policy is written to comply with the law and regulatory requirements that apply to adult social care providers in England, including:

4. When the National Data Opt-Out Applies to {{org_field_name}}

The National Data Opt-Out must be upheld only when {{org_field_name}} uses or discloses confidential patient information (CPI) for purposes beyond an individual’s direct care, such as research or health and care service planning.

For most domiciliary care activity, information sharing is for direct care (for example, sharing information with a GP/community nurse/social worker to support an individual’s care plan). Direct care sharing is not affected by the National Data Opt-Out.

Examples where the opt-out may apply in domiciliary care (if CPI is used/disclosed beyond direct care):

Where the opt-out applies, {{org_field_name}} will ensure a compliant process exists (including checking opt-out status where required) before any disclosure/use takes place.

5. Understanding the National Data Opt-Out

The National Data Opt-Out allows individuals to choose, in specified circumstances, that confidential patient information from their health and adult social care records is not used or shared for purposes beyond their individual care, such as:

The National Data Opt-Out does not apply where the information use/sharing is:

6. Managing National Data Opt-Out Requests

{{org_field_name}} ensures compliance with the National Data Opt-Out in the following ways:

{{org_field_name}} will provide clear information to service users (and, where appropriate, their representatives) about how their confidential patient information may be used and shared, and their right to set a National Data Opt-Out choice via NHS channels (for example via the NHS App or the national “Your NHS data matters”/National Data Opt-Out pages).

Staff must not promise to “set” a National Data Opt-Out on behalf of a service user within NHS systems. The opt-out choice is managed through the national service; we will signpost and support access where needed, and record in our care records that information was provided and signposting was offered.

Where {{org_field_name}} intends to use or disclose confidential patient information for purposes beyond direct care and the disclosure is within the scope of the National Data Opt-Out, we will check opt-out status using the Check for National Data Opt-outs Service (via MESH or another approved route supported by NHS England) before the disclosure/use takes place.

Checks will be performed:

Evidence of checks (date, dataset/disclosure, method, outcome, and authoriser) will be retained as part of our governance records.

Where a national data opt-out is identified as applicable, {{org_field_name}} will ensure the relevant individual’s confidential patient information is excluded from the dataset/disclosure for research or planning (unless a defined national exemption applies).

We will document the decision, the lawful basis for the disclosure/use, and the outcome of the opt-out check within our disclosure/audit trail.

7. Handling and Storing Data Securely

To meet UK GDPR, confidentiality requirements and good governance expectations, {{org_field_name}} will ensure that:

8. Roles, Responsibilities and Training

9. Monitoring, Compliance, and Auditing

To evidence good governance and compliance, {{org_field_name}} will:

10. Policy Review

This policy will be reviewed at least annually and sooner if there are material changes to:

DSPT requirements where applicable

NHS England National Data Opt-Out policy/guidance or operational processes

DCB3058 or other relevant information standards published under section 250 HSCA 2012

CQC regulations/guidance relating to governance, consent, record keeping or information handling (including Regulations 17 and 11).


Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on:
{{last_update_date}}
Next Review Date:
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Copyright © {{current_year}} – {{org_field_name}}. All rights reserved.

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