Question to the Department of Health and Social Care:

To ask Her Majesty's Government whether any underlying data from the Royal Free London and Moorfields Eye hospitals used by DeepMind is subject to contractual constraints that would prevent other innovators from developing similar commercial algorithms using the same data.

These agreements were entered into with DeepMind locally and separately by the two trusts. We are not aware of any exclusivity in either set of contractual arrangements. The Royal Free’s contract with DeepMind Services Agreement between DeepMind Technologies Limited and Royal Free London NHS Foundation Trust is publicly available, and a copy is attached.

The use of innovative technologies offers great opportunities to improve patient care, reduce pressure on clinicians and provide more efficient, sustainable and personalised health and care services. However, patients’ privacy and right to consent to the sharing of their data outside direct care must be respected and data must only be shared on the correct legal basis, and in line with guidance from the Information Commissioner’s Office and the National Data Guardian.