Information Governance


Do you understand the data opt out types?



Data is recorded whenever a patient has contact or interaction with the health and care system. The opt-out only applies to confidential patient information - data that includes both:
  • Information that identifies or could be used to identify the patient, such as their name or address
  • Information about their health, care or treatment, such as their prescription or medical test results
Prior to the launch of the national data opt-out, individuals could set two types of general opt-outs via their GP practice:
  • Type 1 opt-out prevents information that identifies individuals being shared outside of their GP practice, for secondary uses.  
  • Type 2 opt-out prevented confidential patient information from being shared outside of NHS Digital for purposes beyond individual care.
Type 1 opt-outs continue to be honoured until 2020, when the Department of Health and Social Care (DHSC) will consult with the National Data Guardian before confirming their removal.

Type 2 opt-outs have been replaced by the national data opt-out and are no longer valid.  All type 2 opt-outs recorded in GP practices up to and including 11 October 2018 have been migrated to become national data opt-outs.  NHS Digital has written to inform patients who previously registered a type 2 opt-out of this change. 


The national data opt-out does not apply to information that is anonymised in line with the Information Commissioner’s Office, Code of Practice on Anonymisation or is aggregate or count type data.  If a patient is aged 13 or over, they can set their own opt-out choice by using the online service, the telephone service, the NHS App, or 'print-and-post' where patients complete a form by hand and send it in. When a patient sets an opt-out choice, it is recorded against their NHS number on the Spine and will remain unless the patient changes their mind.  The NHS Digital website has information on their website and can provide technical solutions to help practices comply with the policy.