‘Enforced subject access’ will become a criminal offence on 10th March 2015

We’ve learnt from the Information Commissioners Office that section 56 of the Data Protection Act 1998 will be brought into force on the 10th March 2015. This means that “enforced subject access” will finally become a criminal offence. As we explained back in June 2014 when this was first announced, this is an important development […]

Read More >

‘Enforced subject access’ delays

The Ministry of Justice recently announced that the change to the Data Protection Act which makes enforced subject access a criminal offence has been delayed. It was originally meant to come into force on the 1st December 2014. It is now expected to commence early 2015. As we understand it, the reason for the delay […]

Read More >

Challenging ineligible standard and enhanced checks

We continue to receive many enquiries from clients being asked to do standard or enhanced Disclosure and Barring Service (DBS) checks for jobs which they don’t think are eligible for one. We are often asked for a ‘list of job titles’ which are eligible – no such list exists. What makes a role eligible depends […]

Read More >

What types of offences are eligible for filtering?

Since the introduction of filtering in mid-2013, our helpline has been constantly asked “is my conviction or caution eligible for filtering?” In some ways, this has been an easy to identify. When was it? Is it your only conviction? How old were you at the time? However, where things have been tricky is when it […]

Read More >

Updates to DBS filtering process

December has seen a couple of updates from the Disclosure & Barring Service regarding the filtering process. Nothing has substantially changed – it’s simply that the DBS are trying to improve the way that they’re explaining how the filtering process works. So what has changed? Firstly, the DBS has updated their list of offences that […]

Read More >