The new Disclosure and Barring Service has now become
operational. Introduced in an attempt to scale back the number of
criminal record checks under the previous CRB system, it is clear
that there are still some issues to do with the right to privacy to
be resolved.
Over the last year, a number of legislative and structural
changes have been implemented in respect of criminal record checks.
Combined with the effects of recent caselaw, these changes will be
of great interest to employers and employees working with
vulnerable members of society.
The Disclosure and Barring Service
On 1 December 2012, the Disclosure and Barring Service (DBS)
became operational, amalgamating the functions of its predecessors
the Criminal Records Bureau (CRB) and the Independent Safeguarding
Authority (ISA) for England. The DBS is responsible for processing
requests for criminal record checks, deciding whether it is
appropriate for a person to be placed on or removed from a
