I know this thread is a week old but thought colleagues might like to know a bit more on the topic of CRB  (England & Wales -  SCRO in Scotland).   From1 July 2001 changes in disclosure procedures under Part V of PA 1997 will enable employers to obtain 'an enhanced criminal record certificate' (there are three certificates of varying levels of which this is the most searching and the one I believe was mentioned in previous e-mails) 
This certificate will contain infromation on 'spent' and 'unspent' convictions and cautions held at national level and, in addition, will include information from local police records including relevant non-conviction information.  Prospective employees applying for positions which involve regular caring for, training, supervising or being in sole charge of children will be subject to this level of check. An employer seeking an enhanced certificate will have to be registered with CRB/SCRO and have the consent of the job applicant (although I'm sure there are exceptions!) It is intended to extend these arrangements to those caring for vunerable adults.  Apparently the 3 x certificates will be phased in with priority given to the enhanced one.  (For Info the other two are Criminal Conviction Certificates & Criminal Record Certificates )

Peter

Peter Wilson
Data Protection Officer
University of Paisley

>>> Ian Welton <[log in to unmask]> 02/13/01 11:17pm >>>
Have not seen the article, but from the wording used, 'police certificate',
it appears to relate to the Criminal Records Bureau which is being created
under Part 5 of the Police Act 1997.

The Criminal Records Bureau will be given access to the Police National
Convictions History record, which includes police cautions.  Very roughly
speaking they will conduct certain levels of vetting against the police
records and provide certificates.

The problem with cautions is that most of the time the individual is advised
that they will hear no more of the matter if they do not get into trouble
again.  A real problem if subsequently disclosed.

Personally I question the lawfulness of Part 5 of the Police Act, especially
when considered against the DPA 1998 notwithstanding section 56(4), when
considered against the European Directive and the Human Rights Act.
Interestingly enough the Police Act 1997 did not have to be certified HRA
compliant, and yet is being implemented at a time when the actions of the
persons involved have to be HRA complaint.

Suspect that some very interesting issues will come out following any go
live of the CRB.

Ian W.

----- Original Message -----
From: "Dave Wyatt" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Monday, February 12, 2001 11:44 PM
Subject: Employers access to Police Certificates


> 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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