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Since 10 March 2015 it has been a criminal offence, under s. 56 of the Data Protection Act 1998, to require individuals to make enforced subject access requests (SAR) whereby individuals’ provide personal information (including criminal records and cautions) to secure employment, goods, services or facilities.
The aim is to ensure such information is obtained through the Disclosure and Barring Service, shielding individuals from excessive disclosure of personal data that certain third parties may have no legitimate access to.
Enforced SARs remain permissible under rule of law or court order or if it is justifiable in the public interest. ICO guidance states “extremely strong justification” is needed to rely on the latter exception. For example the prevention or detection of crime would not benefit from the public interest defence due to the existence of formal criminal record checking procedures.
Organisations should ensure information related to individuals’ convictions and cautions is obtained through legitimate procedures as the offence can lead to an unlimited fine.
The Employment Rights (Increase of Limits) Order 2021 will come into force on 6 April 2021. This Order increases the level of a number of compensation caps for tribunal awards and statutory payments.
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Yesterday’s announcement already seems to be a seminal moment on the road to recovery from the impacts of the pandemic. Here are some of the headline points.
The Government confirmed that it would not enforce the usual deadlines for gender pay reporting - 30 March for public sector employers and 4 April for private sector employers.
Today the Supreme Court unanimously dismissed Uber’s appeal and agreed with the earlier decisions in Uber v Aslam by deciding that Uber drivers are workers not self-employed persons.
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