07 September 2024

Of Course There Is No Legal Basis, It’s Peter Thiel

The National Health Service (NHS) in the UK is trying to create what it calls a, "Federated Data Platform," to manage information in its sprawling healthcare system.

They contracted this out to Palantir Systems, the data analytics firm that has been notorious for opaque deals with intelligence and law enforcement agencies to engage in spying that would not be legal for its clients to conduct themselves.

It appears that critical parts of this program have no legal basis, according to both internal legal documents and lawsuits filed by privacy advocates.

This is not a surprise.  Thiel is a lawless individual who has expressed his contempt for the NHS, so abusing a few tens of millions of Brits is of no concern to him:

NHS England has received advice from lawyers saying key aspects of its controversial Federated Data Platform (FDP) lack a legal basis, meaning that unless a solution is found, it must allow citizens to opt out of sharing their data.

The FDP is being built by US spy-tech biz Palantir following the award of a £330 million seven-year contract by NHS England, a non-departmental public body under the Department of Health and Social Care. The total four-year budget for the project is actually £485 million, The Register revealed weeks ago.

In December last year, a group of campaign organizations led by Foxglove began preparing a legal challenge alleging there is no lawful basis to create the FDP, as described in procurement documents, within the current legal directions used to obtain and share data within the NHS.

At the time an NHS spokesperson said: "This letter fundamentally misunderstands how the Federated Data Platform will operate and is totally incorrect in both matters of law and fact."

However, documents shared with the FDP board in March show that NHS England had received legal advice showing a vital aspect of the program – its privacy-enhancing technology (PET), to be provided by IQVIA – lacked a legal footing to proceed.

Board documents seen by The Register state that NHS England got the advice from King's Counsel – its team of barristers – that PET "will require a separate lawful basis to process PCD [personal confidential data]."

It adds that unless NHS England finds a solution, it will have to offer all patients the opportunity to opt out of sharing their data with the FDP under the current legislation for the control of patient information (Section 251 of the National Health Service Act 2006).

Given that the plan was started under the Tories, who have been trying to destroy Britain's socialized healthcare system for (checks notes) 76 years, in part by gradually privatizing its core functions.

The fact that it has been outsourced to one of the most privacy hostile business in the world is just icing on the cake.

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