News article - Bosses wary over 'police cautions' plan.  Eastern Evening
News Monday Feb 12t

'The Home office now wants cautions recorded by the Police forgotten about
as soon as they are issued in order not to unfairly damage the careers of
young people. Police would still keep a record however'. The article
indicates that the intention to suppress by the Home Office was linked to
'cannabis possession that could effect more than 260,000 persons who are
cautioned each year. In 1999 more than 50,000 persons were cautioned for
drug offences - more than were found guilty in the courts.'

Employers arguing that they should still be entitled to know about these
cautions before offering / declining employment.

As the only source of these cautions appear to be the Police records I
assume they are all accessible under the new certification systems which
employers can use to assess whether to offer or decline employment, unless
the Home Office alters the rules over what can be disclosed.

1: Is the caution sensitive data (alleged commission of a offence not yet
prosecuted or indeed intending to be prosecuted)  Yes / No
2: If yes what Sched 2 and 3 processing conditions would the DP officer
recommend that an employer argue assuming the individual chooses not to
disclose (consent) on their employment application form. Presumably a Police
certificate can be obtained by employer without consent but then its holding
(processing) still needs a Sched 2 and 3 condition which cannot be those
which require consent.

The article referenced Rehabilitation of Offenders Act in the context of
permitting access to the information but did not reference Data Protection
Act or indeed Human Rights which appear to be hurdles for employers to jump.

Anyone seen any other press reports on this Home Office intention.

David Wyatt

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