criminal record requests by employers

Gerry Daly

17 April 2015

Last month, it became unlawful for employers to insist that job applicants make a Data Protection Subject Access Record to get hold of their full criminal record, including spent convictions.

Section 56 of the Data Protection Act 1998 makes it a criminal offence to require job applicants (or existing employees) to produce a copy of their criminal record through a subject access request. Employers should use the Disclosure and Barring Service (formerly known as the Criminal Records Bureau), which does not disclose any spent convictions.  If you need any advice on this or any other aspect of employment law please contact either Mary Gavin or Gerry Daly.