Requesting Criminal Records - Now a Crime...

Some employers ask employees or job applicants to obtain a copy of their criminal records by making a subject access request under Data Protection Act, i.e. ask the police directly for a copy of their records.

On 10th March 2015 this sort of request became a criminal offence (with unlimited fines).  This is because such requests could lead to the disclosure of excessive personal information which can include details such as spent convictions which are not disclosed after 5 years.  This is prohibited under the Data Protection Act and is now a new offence.

The good news is that you can still make requests using the Disclosure and Barring Services (DBS - formally CRB's). You may only carry out this type of check where the job is eligible for one.  This includes working with children or vulnerable adults.

To discuss this in more detail please contact us on 01245 261883