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.
NHS Digital guidance 'Understanding the national data opt-out': 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 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.
If a patient has consented for their data to be included in SSNAP, this can be recorded in Q 3.9, 7.14 or 8.1.5.