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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.
As the use of social media continues to increase, its overlap with working life is becoming more and more prevalent.
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In his 2018 Autumn Budget, the then Chancellor, Phillip Hammond, announced a significant change to the way liability for IR35 breaches will be dealt with for private sector companies from April 2020.
Under the ET Rules, all judgments and accompanying written reasons must be published on a pubic register which the general public can access online.
Last month, the Information Commissioner’s Office (ICO) announced notice of its intention to fine (NOI) Marriott International, Inc. £99m for infringements of the GDPR.
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