Criminal Record Requests by Employers

As you doubtless know, if employers want to know whether job applicants have a criminal record, the Disclosure and Barring Service (previously known as the Criminal Records Bureau) should be used, which does not disclose any spent convictions. Some employers have however, been circumventing the DBS process and insisting that applicants make a Data Protection Subject Access Record so that they can see their full criminal record (including spent convictions). To stop this, the Data Protection Act was amended in April 2015 to make it a criminal offence to require job applicants (or existing employees) to produce a copy of their criminal record through a subject access request.

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