Enforced subject access a criminal offence from today

10/03/2015

From 10 March, it will be a criminal offence to require an individual to make a subject access request for information related to their criminal past. Employers may no longer require that the individual supply them with a relevant record. This applies both to recruitment and checks as part of continued employment.

The ICO says that it will take a broad view. The ban will apply not only to any circumstance where the data subject is given no choice but to make a subject access request. The ban is also applicable to circumstances where a data subject is ‘asked’ or ‘invited’ to make a SAR.

ICO’s guidance on this topic is available at www.ico.org.uk/enforced


 

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