Enforced Subject Access Requests Now Unlawful

Employers in the UK who now carry out criminal record checks on job applicants, or existing employees, by forcing that person to make a request for information to the law enforcement authorities or the court and reveal the results to the employer will be committing a criminal offence.

The right of an individual to access data held about himself or herself has been a key protection afforded since the Data Protection Act 1998 (DPA) came into force in the UK. However, it is thought that some employers have been compelling individuals to exercise this right as a way of obtaining information on their criminal history "by the back door" rather than in accordance with the existing statutory regime. This is commonly known as "enforced subject access requests."