Is My Personal Information Safe With DBS Checks?
It is understandable if you are concerned that your personal information is kept confidential when an organization or company requests a DBS check.
Even a basic DBS check (also known as a CRB check) will show any unspent convictions and cautions you might have received. It could be that you were a little headstrong in your youth and received a caution
With standard and enhanced CRB check it is different in that you cannot apply for these screenings. You will need a third party to apply for a standard or enhance CRB check, be it a company, organization, recruiter, or an online agency that is recognized by the Disclosure and Barring Service (DBS).
Data protection is taken very seriously in the UK and everyone who is privy to your personal information has to comply with strict data protection laws and this includes criminal records.
Importance of Confidentiality
An employer should know the importance of confidentiality because it builds trust between them and their staff. That’s one thing, but they shouldn’t forget that confidentiality is a legal requirement. The onus is on them to follow this country’s strict data protection rules under the (DPA) Data Protection Act, which was changed two years ago by the GDPR (Europe-wide General Data Protection Regulation). It is, however, the same set of rules, which dictate that the data should be:
- collected only for “specified, explicit and legitimate” purposes;
- “fairly and lawfully” used;
- used only where it is “adequate, relevant and limited” to what is necessary;
- kept for “no longer than is necessary”;
- processed in such a way that it “ensures appropriate security” of the data.
What if my DBS Check’s Details are Misused?
The GDPRA doesn’t take breaches of confidentiality lightly and companies or organizations could face fines of up to 20 million euros.
Disclosure and Barring Service Code of Practice
Besides these data protection rules being in place, there are stringent rules on how data on DBS checks should be used. This non-departmental public body under the Home Office umbrella has its own code of practice in place, which includes:
-That all criminal record information is used fairly and appropriately and that all information gleaned from a standard or enhanced DBS check must abide by this code.
-That all organizations registered with the Disclosure and Barring Service must have a written policy on how to handle this information securely.
The code of practice states that all registered bodies (organizations registered with the DBS, including umbrella bodies) must have a written policy on the secure handling of DBS information. They should also ensure that bodies or individuals on whose behalf they countersign applications have written policies in place.
Company and Organization Policy Statements
The DBS takes confidentiality so seriously, that has produced a policy statement sample for companies or organizations to use. The institution that requires either a standard or enhanced DBS check for you should:
- Comply by DBS code of practice and data protection laws
- Store DBS data provided to them securely
- Only pass this data on to those who are authorized to receive it
- Keep the data for only as long as it is necessary. The guideline here is six months
- Removes and disposes of this information securely after the six months is up
It is clear that your personal data is respected by the Disclosure Barring Service and that it has put strict rules in place for their registered organizations and companies to follow.
