A co-produced framework for assessing common law basis of consent to enable record linkage for public good research

ObjectiveUK-wide Longitudinal Population Studies (LPS) have been brought together and linked to NHS, socioeconomic records and environmental data within a Trusted Research Environment. To ensure compatibility with data processing, access and to enable public good research we needed to develop a way to assess the legal basis of LPS. MethodsWith NHS England, we co-developed key criteria for assessing common law duty of confidentiality. A framework was developed for assessing information provided to participants. The framework focused on compatibility with our research purpose (for public good), data processing, and data access. Template documents were produced to capture communications and key statements providing evidence relating to the criteria. A risk-based approach was adopted and a Confidentiality Due Diligence Panel recruited and trained (comprising University Data Protection Officer, Governance leads, cross-disciplinary academic representation and members of the public recruited to the Panel). ResultsThe framework was formalised and documented, guidance, risk-assessment approach and outputs agreed with NHS England. LPS completed templates providing evidence drawn from consent and communication materials. The risk assessment was applied and assessed by the Confidentiality Due Diligence Panel in 2024. Twenty-one LPS were reviewed against the criteria, 19 were considered to meet the common law basis of consent, 2 LPS are seeking alternative legal basis s251 to enable linkages. Other LPS are already supported by s251 legal basis. The Panel provided feedback help studies to develop clear communications advising on specific clarifications as required and precedents were noted to enable future assessments. ConclusionCo-development and implementation of a review framework for common law basis enabled robust and reproducible assessment of multiple LPS consent, information and communications materials. This allowed identification of LPS which have set reasonable expectations or advise on alternative legal permissions, and communications to enable record linkage in-line with participants wishes.

Authors

Institutions

Publication Details

Journal
International Journal for Population Data Science
Published
2025-08-28
DOI
https://doi.org/10.23889/ijpds.v10i4.3128
Primary Topic
Data Quality and Management
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

A co-produced framework for assessing common law basis of consent to enable record linkage for public good research

Jacqui Oakley
International Journal for Population Data Science
Data Quality and Management
article

A co-produced framework for assessing common law basis of consent to enable record linkage for public good research

Jacqui Oakley
article en

Abstract

ObjectiveUK-wide Longitudinal Population Studies (LPS) have been brought together and linked to NHS, socioeconomic records and environmental data within a Trusted Research Environment. To ensure compatibility with data processing, access and to enable public good research we needed to develop a way to assess the legal basis of LPS. MethodsWith NHS England, we co-developed key criteria for assessing common law duty of confidentiality. A framework was developed for assessing information provided to participants. The framework focused on compatibility with our research purpose (for public good), data processing, and data access. Template documents were produced to capture communications and key statements providing evidence relating to the criteria. A risk-based approach was adopted and a Confidentiality Due Diligence Panel recruited and trained (comprising University Data Protection Officer, Governance leads, cross-disciplinary academic representation and members of the public recruited to the Panel). ResultsThe framework was formalised and documented, guidance, risk-assessment approach and outputs agreed with NHS England. LPS completed templates providing evidence drawn from consent and communication materials. The risk assessment was applied and assessed by the Confidentiality Due Diligence Panel in 2024. Twenty-one LPS were reviewed against the criteria, 19 were considered to meet the common law basis of consent, 2 LPS are seeking alternative legal basis s251 to enable linkages. Other LPS are already supported by s251 legal basis. The Panel provided feedback help studies to develop clear communications advising on specific clarifications as required and precedents were noted to enable future assessments. ConclusionCo-development and implementation of a review framework for common law basis enabled robust and reproducible assessment of multiple LPS consent, information and communications materials. This allowed identification of LPS which have set reasonable expectations or advise on alternative legal permissions, and communications to enable record linkage in-line with participants wishes.

International Journal for Population Data ScienceVol. 10(4)
Understanding Society (GB)
Openalex Percentile: Top 73%
Data Quality and Management
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

A co-produced framework for assessing common law basis of consent to enable record linkage for public good research — Jacqui Oakley · International Journal for Population Data Science (2025) | TGRS Research Map | TGRS