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UK Forced Data Access Illegal As of Dec. 1

By Andr' Bywater and Patrick O’Kane

The practice of employers forcing current employees (applying for new positions internally) or prospective employees to obtain and disclose the results of a data access request from the police is now a criminal offense in the UK as of Dec. 1, 2014.

It has been increasingly common for employers to ask employees to make a data access request, since the rules on background checks were changed. This change in the law seeks to temper the power of employers to demand to see criminal records and force candidates to disclose old or irrelevant convictions. It was always an arbitrary power. It struck fear into the hearts of some candidates because they may have thought that, for example, a disorderly behaviour conviction from their University days could cast a shadow over their future employment prospects.

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