Enforced subject access requests
On the 1st of December 2014 the government implemented section 56 of the Data Protection Act. This now makes it a criminal offence for a party to require another individual to make a personal subject access request with a view to that party then viewing it – which is often referred to by many as an enforced subject access request. Employers can still request a criminal record check from the Disclosure and Barring Service where the role they are recruiting for concerns work with vulnerable adults, children or is exempt under the Rehabilitation of Offenders Act 1975.
The scope of this new section is wide reaching; it not only prevents employers from making job offers conditional upon the disclosure of criminal convictions, but also prevents the provider or supplier of a service from imposing the same condition. The ICO has offered some very useful examples in their guide on the subject.
Continue reading Employment Law: a roundup of the most significant changes in 2014