Kate Middleton's hospital medical records breach investigation has not been referred to the police. According to an expert, there's the possibility that a "decoy" plan might have been used — meaning that the Princess of Wales' actual medical records would not have been accessed by those involved in the breach.
The London Clinic is still under investigation and the case was never transferred to Scotland Yard, London's police headquarters, even though Health Minister Maria Caulfield stated in March that police had been asked to look at it.
Staff members of the hospital were alleged to have tried to access personal details about Kate's health following her abdominal surgery in January 2024. It is a criminal offense for any National Health Service or private health care staff member to access the medical records of a patient without the consent of the organization’s data controller.
In order to protect the health data of VIP patients, hospitals usually store information in a file under a fake name. A "decoy" file is then created under the celebrity’s real name, which contains false information and is regularly checked by bosses to see if any staff have opened the file without permission.
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If a breach takes place, hospitals are required to launch their own investigation while the Information Commissioner’s Office investigates whether any wrong was done on management's end. Sam Smith, of health data privacy group MedConfidential, said, "It’s disappointing but sadly normal that three months on there is no update about the investigation."
Data breaches are "unfortunately common," he added. "It’s rare that people find out when a data breach has happened, even rarer that they can get the evidence to prove it, and if they do, the process is still very slow."
Tom Llewellyn, a partner in commercial litigation and data protection at Ashfords law firm, added, "It might take years for action to be taken against the individuals." He touched on a similar case that took place last year when a former NHS secretary was fined four years after accessing the medical records of more than 150 patients.
There hasn't been an update from the London Clinic since the suspected breach was reported. The ICO told the MoS, "Investigations into reported data breaches can be highly complex and our expert team must be given adequate time to make their enquiries."
"To protect the integrity of a live investigation, we will not provide regular updates on its progress to those not directly involved until its conclusion," he added. The Met Police confirmed that they were "not aware of any referral" concerning the breach. "This is a matter for The London Clinic," Kensington Palace said.
Kate revealed her cancer diagnosis in March after much speculation about her whereabouts flooded the media. She has currently taken a step back from her public duties as she continues to undergo treatment.
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