Disclosure checks are non-negotiable for a wide range of jobs. If you intend to apply for a job which falls under the legal definition of “regulated activity”, then you have no choice about whether you have a criminal record check or not, or what level of check is appropriate. On the certificates for the two most detailed levels of check, the police may disclose convictions and cautions which are classed as spent in other situations. Although it’s essential to disclose this level of detail in order to safeguard the vulnerable adults or children who the employee might be working with, it also raises some issues about confidentiality.
Data Protection and DBS Checks
Many people who do have a criminal record are put off applying for a job which requires a DBS check altogether. Partly this is because there is a general misconception that any criminal record at all will exclude people from any position needing a standard or enhanced disclosure. This is not the case, as employers will look at any information as just one part of their decision-making process, and many of the oldest and least serious convictions will be filtered out anyway. Even more people have concerns about who might get to see the information listed on the certificate -nobody with a criminal record would be happy about all of their colleagues knowing their business.
The good news is that the law is on your side when it comes to the issue of keeping your personal information confidential. GDPR rules, and data protection before that, requires that employers take their responsibilities seriously. If they are found to be leaving employees’ personal data and information lying around, or don’t keep it securely, there are very high fines for not adhering to the law.
Operating on a “Need to Know” Basis
Although it might sound like something out of a spy novel, the approach which most companies take is treating confidential information such as DBS certificates on a “need to know” basis. HR people, line managers and anyone involved in the recruitment decision probably will need to have access to the full picture, but there’s no reason why workmates or managers in another department could justify needing to have access to your details. There are a number of ways in which employers can restrict access to your information. The simplest is by using a locked filing cabinet for personal details, and restricting who has access to the key. A similar idea can be used digitally, by keeping DBS details, bank information and other data password protected on a restricted area of the company’s server.
Policies and Procedures
Most larger employers will have written policies and procedures giving details about how they look after data and keep it secure. Employees shouldn’t be afraid to ask to see policies if they are at all concerned. One positive aspect of the DBS certificate system is that most employers will not want to retain the original certificate. They will just note the number and date, and return the certificate to you for safekeeping.
