The national data opt-out does not apply where explicit consent has been obtained from the patient for the specific purpose. Even patients who have registered a national data opt-out can agree to take part in a specific research project or clinical trial, by giving their explicit consent.
Teams would have to inform patients of the specific purpose and they would have to agree with this in order for their data to be added to SSNAP.
https://digital.nhs.uk/services/national-data-opt-out/understanding-the-national-data-opt-out#do-you-have-explicit-consent-for-the-use-or-disclosure-
If we screen the patient against the National Data Opt Out list, do we still need to ask for consent?
The new SSNAP consent questions and the National data opt out (NDOO) should be viewed as separate entities.
SSNAP currently has approval under Section 251 to collect patient-identifiable data on the first six months of patient care (ECC 6-02(FT3)/2012). More information on Section 251 is available here: NHS Confidentiality Advisory Group. We have added consent questions to the dataset in order to maintain this Section 251 exemption. The additional consent questions will be mandatory (you will have to answer 'yes', 'no', or 'patient not asked'). It is not mandatory to ask all patients for consent for their data to be entered on SSNAP, however, it is mandatory to answer the consent questions in their record. If you did not ask the patient you can just answer 'patient not asked'.
These consent questions are separate from the NDOO, for which all patient’s NHS numbers MUST be screened against the national opt out list at NHS Digital prior to ANY of their data being entered onto the SSNAP webtool. This differs from consent as it applies to all data and not just patient identifiable data. If a patient has opted out their data should not be added onto SSNAP. More information about NDOO can be found here: https://ssnap.zendesk.com/hc/en-us/sections/360004813758-National-Data-Opt-Out
Please note, if a patient has agreed to a specific use of data (SSNAP), after being fully informed, then the national data opt-out does not apply. Even patients who have registered a national data opt-out can agree to take part in a specific research project or clinical trial, by giving their explicit consent. https://digital.nhs.uk/services/national-data-opt-out/understanding-the-national-data-opt-out#do-you-have-explicit-consent-for-the-use-or-disclosure-