If the research involves only previously collected, fully anonymised, non-NHS data3 that cannot be traced back to an individual by the researcher and collaborators, ethical approval is not required.
1Personal data are data that relate to a living individual who can be identified either from those data or from those data and other information that is in the possession of, or is likely to come into the possession of, the data controller (for example through the use of a code devised by, or accessible to, the researchers).
2NHS staff are considered people recruited to research by virtue of their status as current or former employees of the NHS.
3NHS data means data generated by an NHS clinical service, or held in NHS databases or behind NHS firewalls, or owned by the NHS in any other capacity. It does not matter whether the data contain identifying personal information or whether they are anonymised.
Confidential patient information: Confidentiality Advisory Group (CAG)
CAG expects to see evidence of public involvement that specifically tests the public acceptability of using confidential patient information without consent for the purpose of your application. What this means in practice is providing a public group with a plain language summary of your project that includes the purpose of the project, how confidential patient information is used without consent and the safeguards that will be in place. Read more about CAG-specific public involvement requirements on their website: Public Involvement for CAG applicants.
Applicants seeking Section 251 support for use of confidential patient data without consent will be expected to attend the CAG meeting at which their application is being discussed.