Criticising the nature of this relationship the National Data Guardian, the United Kingdom government's data safety advisory body, stated that in its view there was no legal basis for the transfer of records on this scale - potentially scuppering future collaborations.
Her legal opinion, though, suggests that the Royal Free's basis for sharing the patient data with the online information company might not have been legal.
"Implied consent is only an appropriate legal basis for the disclosure of identifiable data for the purposes of direct care if it aligns with the people's reasonable expectations, ie: in a legitimate relationship", wrote Calidcott in the letter.
The London-based Royal Free Hospital (RFH) inked a controversial deal with Google previous year, allowing its Streams AI app to be tested on the medical records of sufferers of acute kidney damage.
The issue being debated is whether or not DeepMind had legal authority to handle the personally identifiable medical records of 1.6 million United Kingdom patients without asking each individual's permission.
In a letter leaked to SkyNews, Dame Fiona told Prof Stephen Powis, Royal Free's medical director, that the decision to transfer data of 1.6 million patients to DeepMind as part of the testing stage of Google's Streams app with the justification of "implied consent" from patients may not hold up after all. It is now in use at the Royal Free, and is helping clinicians provide better, faster care to our patients.
Dame Fiona's contribution is now being taken into account by the Information Commissioner's Office (ICO), the UK's data watchdog, which is investigating whether the transfer was legal under the Data Protection Act.
She did not dispute the app's ability to work successfully, and said that she recognised the usefulness of further guidance to companies working with new technologies and patient data.
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Speaking to Sky News in the wake of the NHS cyberattack, the clinical lead at Google DeepMind, Dr Dominic King, said patient data was safe with the firm. Point being that the patients whose data was shared, their consent was not taken into account.
The testing for the Streams app has now concluded and it is being used at the Royal Free Hospital, Prof Powis told Sky News, under a second agreement which is not being investigated.
"We take seriously the conclusions of the NDG, and are pleased that they have asked the Department of Health to look closely at the regulatory framework and guidance provided to organisations taking forward this type of innovation, which is essential to the future of the NHS", said the statement.
The pact between the hospital and Google raised eyebrows at the time, but was sold as a legal way to develop apps using sensitive data.
Caldicott had written to the RFH in December explaining that she was advising the Information Commissioner's Office on the common law duty of confidentiality around the sharing of identifiable medical records where consent is implied for the goal of direct care. A spokesperson from DeepMind stressed that the data used to train the Streams app "has never been used for commercial purposes or combined with Google products, services or ads - and never will be". No responsible hospital would ever deploy a system that hadn't been thoroughly tested.
In a statement, a spokesperson for DeepMind says that the company recognises the need for more public engagement and discussion about new technology in the NHS.
As we were compiling this report, we received a statement from a DeepMind Health spokeperson: "Nurses and doctors have told us that Streams is already speeding up urgent care at the Royal Free and saving hours every day".