Employment Law And Data Protection

The use of automated processing of personal data in the making of employment decisions is specifically covered in the Data Protection Act (DPA).
Data Subjects are entitled to know the basis for such automated decisions and to be informed that they are subject to such procedures.

Clients are advised to ensure that any staff authorised to obtain search results whether at Level 1 or Level 2 are fully trained in all aspects of the DPA and in particular that they are aware of their own personal responsibilities in the handling of personal data. They should be informed that each search is monitored and recorded and may be audited. Any unauthorised use will be a disciplinary offence and will be dealt with as such.

In order to comply with the DPA in relation to recruitment, the client will need to ensure that application forms contain the following information:
“We will verify any information you supply to us about your identity, your honesty and your credit status via screening checks. These contain information about the address given, those involved in theft, shoplifting and defrauding employers and County Court Judgment information. Evidence of dishonesty or the provision of false information about your identity or honesty will mean that you will not be selected for employment”

In addition, clients are advised that the following information should be included in contracts of employment:
“We may verify any information you have supplied to us about your identity and your honesty at any time during the course of your employment. Evidence of your dishonesty may result in the termination of your employment.”

Clients are advised that any action taken in connection with existing employees will have to be in compliance with the statutory disciplinary and dismissal procedures in force. Clients are strongly advised not to use the search results as the sole basis for any employment decision and Cireco will not be liable for any losses as a result of the Client so doing.

Disclosures

Personal Data may only be provided to employers who are members of an Integrity Screening scheme under which they will have entered into a written contract under which they are bound by the same obligations under the DPA as RLP Limited.

The right to privacy

Data Subjects may be concerned that the holding of their personal data on the database may contravene their human rights or their right to privacy. The DPA was implemented in a way which took full account of the obligations under the Human Rights Act 1998 (HRA) and as such to comply with the DPA is to act in accordance with the HRA. The general right under Article 8 HRA to protection for a person’s private and family life, home and correspondence is a qualified right of protection from arbitrary interference by the State. It has no direct application against private companies such as RLP.

Data Protection Act (DPA)

The agreed aim of integrity screening is for companies to be able to access the data for assistance when making decisions concerning the honesty of individuals, for example concerning the provision of goods and services or an offer of employment. Clients who wish to subscribe to integrity screening will become members of a closed user group, all of whom will sign up to a Services Agreement.

Data Subjects

The use of automated processing of Personal Data in the making of employment decisions is specifically covered in the Data Protection Act 1998. Data Subjects are entitled to know the basis for such automated decisions. In order to comply with the Act in relation to recruitment, the Client will need to ensure that employment adverts and application forms contain the following information:

“We will verify any information you supply to us about your identity and your honesty via an integrity screening check which contains information about those involved in theft, shoplifting and defrauding employers. Evidence of dishonesty or the provision of false information about your identity or honesty will mean that you will not be selected for employment”

For clients who wish to regularly check existing staff going forward they will need to ensure that the following information is included in contracts of employment:

“We may verify any information you have supplied to us about your identity and your honesty at any time during the course of your employment. Evidence of your dishonesty may result in the termination of your employment.”

(Any action taken in connection with existing employees will have to be in compliance with the statutory disciplinary and dismissal procedures in force). The Client is strongly advised not to use the Search results as the sole basis for any employment decision.