Ian,
Thank you for your reply to my posting.
Re your second paragraph, S56 of DPA 98 is concerned with 'enforced
subject access'. This is not part of the scenario I posted. As I understand
it, when enforced, S56 will outlaw the requirement of a (potential)
employee to provide the employer with a copy of his criminal record.
What I am concerned with is whether the employer should / can do the
check himself, in the normal manner of requesting police checks, on staff
with access only to information, not physical access.
This you address in your first paragraph, where you say you believe
police checks are not available for such employees. But how do the
police know what access the employee we are asking them to check
has? The scenario I posted was in fact put to me by someone struggling
with the situation in another council which shall remain nameless. I
somewhat 'amalgamated' the actual situation as it was put to me. I was
told that they were already running police checks on their own
employees - with consent - given info access, but he was wondering if
he could extend it to cover the staff of a contractor where the
contractor's staff would have on-line access to such data.
Dave U
S Glos
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