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 the 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 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) or Disclosure Scotland. But remember 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.