Legal challenge launched against NHS-Palantir data deal

Campaigners claim patient privacy concerns around new data platform

Campaigners have launched legal action in a bid to halt a contentious data sharing deal between the NHS and US tech company Palantir citing concerns over patient privacy.

Palantir recently secured a lucrative £330 million contract with the NHS to create and operate a Federated Data Platform (FDP), designed to streamline information sharing among health service trusts and integrated care systems.

The FDP aims to improve service efficiency and address the 7.8 million-patient backlog of care hospitals face, enabling them to discharge patients more efficiently.

However, the contract award has raised eyebrows, with concerns about the implications of granting such a critical project to a company with ties to the US intelligence sector.

Under the deal's terms Palantir will manage specific hospital data, including theatre rosters, staffing levels and some forms of patient information.

While Palantir won't own the data and requires NHS permission for access, campaign groups, including legal organisation Foxglove, are sceptical of the company's track record.

Four organisations have launched legal action against NHS England over the creation of the FDP, alleging that there is no legal foundation for its establishment.

The lawsuit, spearheaded by Foxglove, along with the Doctors' Association UK, National Pensioners' Convention, and Just Treatment, asserts that the government overlooked the legal aspects of implementing such a transformative platform.

The FDP, built on a Covid-era data store launched during the pandemic, has faced controversy due to its emergency procurement and lack of competitive tender.

Campaign groups argue that only a few trusts running a pilot version of the software have reported benefits, raising concerns about the efficiency and value of the Palantir deal for taxpayers.

Rosa Curling, Foxglove's director, emphasised the need for parliamentary approval and proper rules to ensure the lawful handling of NHS data.

"You can't just massively expand access to confidential patient data without making sure you also follow the law," Curling told The Guardian.

Next steps

The first course of action for the campaigners involves sending a pre-action letter to the solicitors handling NHS England's legal matters, seeking clarification on the FDP's legality.

Should the NHS fail to demonstrate its legal authority in response, the groups intend to seek a judicial review, challenging the lawfulness of the decision to establish the FDP.

Just Treatment spokesperson Hope Worsdale expressed concerns about the government's strategy.

"The trust that is vital to good patient care and the whole of the health system is being trashed by the government's strategy to force this through," she said.

She accused ministers of neglecting necessary steps to provide the FDP with a solid legal foundation.

The NHS countered the claims, with a spokesperson asserting that the campaigners' concerns are "totally incorrect."

The spokesperson added that the FDP will use only legally collected existing data to support direct patient care, complying with relevant data protection regulations.