News

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 i.e. ask the police directly for a copy of their records.

On 10th March 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 is prohibited under the Data Protection Act and so now a new ofference.

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