From 10 March 2015 it will become a criminal offence under the Data Protection Act 1998 for an employer to impose “enforced subject access” on job applicants or employees.
Enforced subject access is where an employer requires applicants or existing employees to obtain a copy of their criminal records by means of a “subject access request”, and supply it to the employer in connection with their recruitment or continued employment.
The main reason for this is that is can lead to the disclosure of spent convictions.
The confirmed correct approach is to use the criminal records disclosure regime, operated by the Disclosure & Barring Service (DBS).
Posted by: Clare Nicolaou Employment lawyer, Novalex Solicitors