European Data Protection Digest

Court Rules Disclosure Law Contravenes Privacy Rights

EMPLOYEE PRIVACY—UK

January 31, 2013

The Court of Appeal has ruled that a UK law requiring job applicants to disclose to employers all “recordable” police convictions and warnings goes against individuals’ right to privacy, reports Out-Law.com. The court said in some cases it is not justified for police to provide details of minor offences or cautions. "It is the very fact that (disclosure) is mandatory in all cases that is the objectionable feature of the scheme,” said Master of the Rolls Lord Dyson in the ruling. The government’s position is that the aim of the criminal record check justifies the privacy intrusion, and, according to the report, it says it will seek to appeal the judgment to the Supreme Court.
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