The OP is mixing up the Duty of Care with the Human Rights Act - which makes this more difficult to answer. My (quite superb) Admin colleague a few years ago did explain how the introduction of the Human Rights Act changed mil discipline. It essentially gave the individual the right to a private life without 'us' sticking our noses in. Basically, if the individual wasn't breaking regulations or laws, and it passed the Service Test, then it was up to them. My memory of the detail is blurred, but I've not been reported, charged or accused of anything under Duty of Care or Human Rights Act since!