Just to add to the debate

I think the BBC has missed the story
(http://news.bbc.co.uk/1/hi/uk/5001624.stm) 


(1) Employers who have access to the CRB should have adopted the CRB
Code of Practice; employers should have a written policy on recruitment
of people who have been convicted in the past. The CRB says it will
monitor compliance - so it will be interesting to ask how they do it.
How many times has the CRB checked the Code does one think? 

(2) Para 4.2.2 of the Code says that "Where a prospective employee or
volunteer disputes the information provided in a Dislcosure, that
dispute will need to be resolved before the employer can reach a
recruitment decision". This is pretty clear. If there is an error, the
employer should sort it BEFORE refusing employment

(3) Those who do not adopt the Code should be barred from access to the
CRB data. Para 2.1 states "all recipients of of Disclosure information
.... must adhere to the Code of Practice".

In other words, the case cited by the BBC appears to be a clear breach
of the Code the CRB is promoting

Code can be found on: http://www.crb.gov.uk/PDF/code_of_practice.pdf

SUMMARY FROM THE WEBSITE (http://www.crb.gov.uk/Default.aspx?page=311)

Organisations that wish to use CRB checks must comply with the CRB's
Code of Practice, developed after a lengthy public consultation exercise
with input from a range of organisations. 
The Code of Practice is intended to ensure - and to provide assurance to
those applying for Standard and Enhanced Disclosures - that the
information released will be used fairly. The Code also seeks to ensure
that sensitive personal information is handled and stored appropriately
and is kept for only as long as necessary. 

Anybody, who receives Standard or Enhanced Disclosure information must
abide by the Code of Practice, this includes: 
Registered Bodies 
Umbrella Bodies 
Recruiters and others receiving such information 

The Code of Practice states that Disclosure information should only be
used in the context of a policy on the recruitment of ex-offenders,
designed to protect applicants from unfair discrimination on the basis
of non-relevant past convictions. The CRB has developed a specimen
policy on the recruitment of ex-offenders to help guide organisations. 

Storage of Disclosure information is also important. The Code of
Practice requires that the information revealed is considered only for
the purpose for which it was obtained. It should be destroyed after a
suitable period has passed - usually not more than six months. 

Organisations must therefore use Disclosure information fairly, and
ensure that it is handled and stored appropriately. They must also
satisfy the CRB that they are complying with the Code of Practice, which
means co-operating with requests from the CRB to undertake assurance
checks, as well as reporting any suspected malpractice in relation to
the Code or misuse of Disclosures. 

The CRB can refuse to issue the results of a CRB check if it suspects
that the Code oDr. C.N.M. Pounder
Consultant & Editor of Data Protection & Privacy Practice 
Pinsent Masons
International Law Firm
Outsourcing & Technology Group 
Post-mail: 30 Aylesbury Street, London EC1R 0ER, UK 
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f Practice is not being adhered to


-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Ibrahim Hasan
Sent: 21 May 2006 17:00
To: [log in to unmask]
Subject: [data-protection] CRB Checks and ID Cards


Colleagues will be interested in this story
 
http://news.bbc.co.uk/1/hi/uk/5001624.stm
 
If the government can get one piece of information so wrong, what will
happen when we have ID cards which will store lots more information
about people?
 
I spoke on surveillance law at the North West DP Group Conference a
couple of weeks ago.
 
They also had a speaker from the No To ID Cards group who had lots of
interesting things to say. I would urge all DP officers to look at their
website:
 
http://www.no2id.net <http://www.no2id.net/>  <http://www.no2id.net/> 
 
Did you know that, from October of this year, as preparation for the ID
scheme, ALL first-time passport applicants will have background checks
and be interviewed by officials at one of the government's 69 new
'enrolment centres'?
 
They are asking us to renew our passports now to avoid having to give
excessive data to the government.
 
 
 
Ibrahim Hasan
 
Solicitor
Act Now Training
The Information Law Training Specialists
www.actnow.org.uk <http://www.actnow.org.uk/>  Tel : 07808 079264
 
 
 
 

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