Data protection law is a misleading term because the relevant framework will be a combination of employment, whistleblower, criminal and privacy laws. Companies and practitioners must navigate domestic and international legislation that touches on data protection, while ensuring they stay on the right side of regulatory and prosecuting agencies and co-operate with them to the extent that it is of benefit.
Handling data about individuals has become increasingly complex, particularly when the data protection regimes in different jurisdictions appear to impose conflicting obligations on data holders.
This chapter looks at UK (and some European) and US laws and how they frame issues around investigations and data protection. We look at internal investigations and those conducted by authorities and provide some specific guidance in respect of data protection and whistleblowing regimes.
In the United Kingdom, a balance must be struck between compliance and regulatory obligations that require the processing of data as part of investigations, and the protection afforded to individuals caught up in those investigations, primarily under the UK General Data Protection Regulation[2] (UK GDPR), which effectively retains Regulation (EU) 2016/679 (EU GDPR)[3] in UK law following the end of the Brexit transition period, and the UK Data Protection Act 2018 (DPA 2018).[4] In July 2022, the UK government introduced to Parliament the Data Protection and Digital Information...
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