As part of a police campaign designed to identify individuals suspected of involvement in criminal activities a CCTV image of the appellant at age 14 was published. The Supreme Court ruled that this was not a breach of the appellant’s right to respect for his private life under Article 8 of the European Convention of Human Rights.
The judges disagreed on whether publication of the image interfered with the appellant’s human rights. However, they were unanimous in holding that, had there been an interference, it was justified on the basis that it was necessary for the administration of justice.
They also said that the police were entitled to disclose the image under the Data Protection Act as the publication was for the purposes of the prevention and detection of crime and the apprehension and prosecution of offenders.
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
The Information Commissioner’s Office (ICO) has held that a campaign group can rely on the “special purposes” exemption for journalism in the Data Protection Act (DPA).
The campaign group is investigating and reporting on corruption in a company.
Four individuals associated with the company made requests under the DPA for access to their personal data, including the source of those data. The campaign group refused their requests on the basis that the journalism exemption applied.
The ICO’s decision complies with its own guidance for the media on data protection and journalism but this is believed to be the first time the exemption for journalism has been extended to a non-media organisation.