Enforced subject access a criminal offence from today

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