In Re an application by Lorraine Gallagher for Judicial Review, the Supreme Court has ruled that the Disclosure and Barring Service (DBS) rules are disproportionate because they require disclosure for multiple offences, even if they were minor, and fail to distinguish between warnings or reprimands given to juveniles and convictions. Read more ….
[see How to survive a criminal charge, conviction or police caution at work, Personal information about criminal convictions and offences, Working or finding a job with a criminal record, The Disclosure and Barring Service, Is it fair to dismiss an employee who has been charged with a criminal offence, but not convicted?]
Schedule 1 DPA 2018 deals with the special categories of data and criminal convictions. Criminal convictions data is a special type of data under DPA 2018. It includes personal data about committing the alleged offence, proceedings for the offence and sentencing.
Article 9(1) GDPR prohibits processing of special categories of personal data except in the circumstances set out in Article 9(2). Article 10 only allows processing of criminal convictions and offences data if it is under the control of official authority or it is authorised by member state law.
Article 10 GDPR says:
“Processing of personal data relating to criminal convictions and offences or related security measures based on Article 6(1) shall be carried out only under the control of official authority or when the processing is authorised by Union or Member State law providing for appropriate safeguards for the rights and freedoms of data subjects. Any comprehensive register of criminal convictions shall be kept only under the control of official authority.”
Article 10 of the GDPR provides that data relating to criminal convictions or offences must be processed on one of the lawful grounds for processing under Article 6. The grounds for processing such information are in Section 10(5) and Schedule 1 (Part 3) DPA 2018.
From the Information Commissioner’s Office:
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