Internal investigations in the health and care sector are rarely just about facts and procedures. They‘re about people. Whether the issue involves staff conduct, whistleblowing, safeguarding concerns, or clinical governance, investigations touch on deeply personal experiences, reputations, and relationships.
For in-house legal teams, this means managing not only legal risk, but also the emotional and ethical dimensions of the process. The way personal data is handled throughout can either build trust or deepen conflict.
In a healthcare setting, the stakes are particularly high. Investigations often involve sensitive personal data - not only of staff but also patients, families, and third parties. The way this data is handled can either build trust or deepen distress. Ensuring that personal data is processed lawfully, fairly, and securely isn’t just a compliance requirement under the UK GDPR. Instead, it’s a matter of dignity, transparency, and organisational integrity. A well-structured approach to data protection signals that the healthcare organisation takes concerns seriously and is committed to a fair and respectful process.
Data protection obligations don’t stop once the investigation begins. Throughout the process, organisations must be prepared to manage data subject rights. Complainants, respondents, and witnesses may invoke rights such as access, rectification, or erasure, and these requests can be disruptive if not anticipated. For example, a data subject access request (DSAR) may seek disclosure of emails, notes, or correspondence that could influence the investigation’s trajectory or expose sensitive information prematurely or in an unprotected way.
In some cases, individuals may use these rights tactically. A respondent might seek rectification of evidence they dispute, or request erasure of data they claim is irrelevant. Witnesses may object to their statements being used, or submit DSARs that complicate the handling of their testimony. These scenarios require careful legal judgment to balance privacy rights as against the integrity of the investigation.
If data protection is mishandled, the legal consequences can be significant. The most likely claim is under the UK GDPR, which allows individuals to seek compensation for both material and non-material damage resulting from unlawful data processing. This includes distress, anxiety, and reputational harm - even where no financial loss has occurred.
Beyond GDPR, mishandling personal data may give rise to claims for breach of confidence, particularly where sensitive or confidential information is disclosed without adequate safeguards. Individuals may also pursue claims for misuse of private information, a tort recognised under English law that protects against unjustified intrusions into personal life.
Negligence claims may arise if an organisation fails to take reasonable steps to protect personal data, such as sending sensitive information to the wrong recipient or failing to encrypt communications. Public authorities may also face claims under the Human Rights Act 1998, including breaches of Article 8 (right to respect for private and family life).
Regulatory scrutiny is another concern but poses an equal risk of disruption and costs.
Data protection in investigations isn’t just a compliance issue - it’s a legal risk that must be actively managed. In-house legal teams play a vital role in embedding data governance throughout the process, ensuring investigations are fair, defensible, and sensitive to the human realities at their core.
Our content explained
Every piece of content we create is correct on the date it’s published but please don’t rely on it as legal advice. If you’d like to speak to us about your own legal requirements, please contact one of our expert lawyers.