Stephen John on 16 July 2004 at 16:34 said:-
> I appreciate the enforced subject access aspect but are there other
> principles such as principles 1 and 3 that this requirement might
> contravene?
As you state s.55 would seem to be clearly available for the ICO to move on.
If the agency is not able to utilise the CRB all of the principles can be
broken in that action.
Given the statements contained in the ICO's 2004 annual report the year
ahead should be interesting in matters such as these. The police and the ICO
have in the past had a healthy relationship with many good people on both
sides doing the best they can to uphold the rights of data subjects. In
that light I would have thought both the police and the ICO were at the
moment working together towards a resolution.
Given that the CRB are the only organisation mandated to provide
'Certificates of Good Character' I would have thought a simple but partial
answer would be for the police to include statements like "THIS IS NOT A
CERTIFICATE OF GOOD CHARACTER" in good bold letters on the returned subject
access material. A sort of rubber stamp or watermark approach. Not to do
so could surely leave the documents open to misinterpretation, or
misrepresentation by some. Of course, it would be fair common sense to
ensure people were aware of such matters prior to making any subject access
request, as a means of pouring some oil onto troubled waters, and assisting
in precluding too simple a transformation of the purpose for which the
material is used.
From a privacy perspective, I am as interested in what organisations are now
doing to address the old enforced criminal record material which they may
retain within personnel files from before the CRB. Many an apparent
difficulty there. Can that material be validly be held, or is it a hidden
expense awaiting to catch them out? But then I suppose some will argue
Durant means it is no longer personal data and so there is little risk
attached to it, so no need to look. From your comment the CRB seems to have
been a failure in respect of stopping enforced subject access.
If the police, or the ICO, promoted enforced subject access, or use of the
criminal record for other purposes, would they not leave themselves ultra
vires, or in excess of delegated powers? An interesting paradox then -
organisations being taken to task for working against the framework they
were mandated to uphold.
Oops, the application containing the model I was re-colouring has hung,
better get back to my main focus on privacy and complete that work.
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> Stephen John
> Sent: 16 July 2004 16:34
> To: [log in to unmask]
> Subject: Employment agency requirement
>
>
> I wondered what members feel about an employm,ent agency that states
> "All {Agency name] temporary staff have to provide a copy of their
> criminal record before they are placed with employers."
>
> I apreciate the enforced subject access aspect but are there other
> priciples such as principles 1 and 3 that this requirement might
> contravene?
>
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