UK Forced Data Access Illegal As of Dec. 1

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.

In the UK, an employer conducting background checks will process a significant amount of personal data, likely including whether a job candidate has a criminal record. This is particularly common in some positions such as in financial services or working with children. The request by an employer for any prior convictions is lawful, subject to a person's consent, but only where relevant for the position in question. To date, employers may have been tempted to access data beyond what they could usually access ' such as for spent convictions (where a person has not reoffended and is rehabilitated) or cautions (a formal warning where an adult has admitted an offense, used by the police to resolve a case where full prosecution is not considered appropriate). Forcing a person to obtain this information by making an official “subject access request” (under UK data protection law) is now outlawed. Ireland also now has a similar provision in place.