If you’ve ever had any dealings in an official sense with the police, there is the possibility that they may hold some of your personal information on their databases. Anyone has the right to request access to this information for certain purposes, such as employment vetting, identity checking, DBS checks, visa applications, family court proceedings, or just to make sure that the information the police hold is accurate.
Subject Access Requests
Under the Data Protection Act 2018, private individuals have the right to ask about whether the police hold or are processing any personal data about them. This process is known as a subject access request (SAR). To make a SAR, individuals have to make a formal enquiry to their local police force, which can usually be done through their website. The subject access process is confidential between the applicant and the police, and police can only disclose any information about the applicant, not a third party.
It is illegal for an employer, or potential employer, to ask someone to perform a subject access request as a condition of employment, or as a way of getting round running a DBS check. There is usually a token cost associated with running a subject access request, and if you have lived in several different areas, you may wish to request separate checks from each police force area.
Criminal Record Checks
If you are thinking about moving overseas permanently, or applying for a job working outside the UK, you might have been asked to get a police certificate for a visa application. You can submit a request to the National Police Chiefs’ Council (NPCC) Criminal Records Office, also known as ACRO. If an employer has requested this information, you should apply for a basic Disclosure and Barring (DBS) check. Certain details included in an ACRO disclosure may not need to be disclosed to an employer by law. Always check to make sure you are clear about which sort of check you are applying for.
Enhanced Security Checks
If your work involves contact with children or vulnerable adults, you may be asked to have a Disclosure and Barring Service check. In certain situations, such as regularly caring for or supervising vulnerable groups, an enhanced level check may be necessary. Both DBS checks and enhanced level checks are conducted by the DBS, usually through your employer and are restricted to specific occupations. For the more detailed DBS checks, police have the right to reveal intelligence they have about you, or information about things like arrests or charges which have not ended up in a conviction or caution.
Family Court Proceedings
If you’re involved in family law proceedings, parties can contact the police in advance of any known court dates. This allows the police to share any relevant information with interested parties before the scheduled court date, ensuring that family cases are considered with all available facts, especially when the safety or welfare of family members is at stake.
