The handling of patient data remains a key risk area in clinical negligence and personal injury work, particularly where medical records are shared across multiple organisations.

The Information Commissioner’s Office sets out clear expectations on how sensitive health data should be stored, transferred and accessed.

Health Record Data – The Requirements

Health records are classified as special category data under UK data protection law and require a higher level of protection.

Organisations handling this data must ensure appropriate safeguards are in place when storing, transferring and accessing patient information, particularly where data is shared between multiple parties.

In medico-legal work, this often includes the transfer of records between solicitors, agencies, experts and insurers.

Risks in medico-legal workflows

Common areas of risk in clinical negligence and personal injury cases include:

• transmission of medical records via unsecured channels
• inadequate access controls on case files
• storage of sensitive data across multiple systems
• reliance on third-party providers without sufficient oversight

For organisations handling expert reports and medical evidence, these risks are increased by both the volume and sensitivity of the data involved.

Implications for solicitors and case handlers

For solicitors and claims professionals, data security forms part of overall case risk management.

Failures in handling medical records can lead to regulatory action, reputational damage and, in some cases, additional claims.

In practice, this means:

• Verify recipient details before sending records
  Check email addresses and attachments carefully, particularly where large bundles are being transferred.
• Avoid unencrypted email for medical records
  Use secure portals or encrypted transfer systems for sharing sensitive documents.
• Limit access to case files
  Ensure only those directly involved in the case can access medical records and expert reports.
• Keep a clear audit trail
  Record when and how medical records are received, shared and accessed.
• Carry out due diligence on experts and agencies
  Confirm that third-party providers have appropriate data security measures in place.
• Use secure storage systems
  Avoid storing patient data across multiple uncontrolled platforms or local devices.
• Have a breach response process
  Ensure staff know how to respond if data is sent incorrectly or accessed in error.

Ongoing regulatory expectations

The ICO can take enforcement action where organisations fail to meet required data protection standards.

As medico-legal work becomes increasingly digital, the handling of patient records — particularly across multiple organisations — is likely to remain under scrutiny.

For those involved in personal injury and clinical negligence litigation, robust data governance is a core part of managing case risk.

Comment

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