ICO partners with Unlock on guidance on processing criminal record data

Asking the question: Guidance for employers on the GDPR, data protection and the processing of criminal records data in recruitment (the "Guidance") provides a helpful starting point for employers when considering criminal record checks as part of the recruitment process, both in respect of the General Data Protection Regulation ("GDPR") and the Data Protection Act 2018 ("DPA 2018").

After first reviewing the GDPR's data protection principles, the Guidance explores both the data protection and employment law considerations employers must bear in mind to compliantly process criminal record data, such as automated decision making, the Rehabilitation of Offenders Act 1974, and the requirement under the DPA 2018 for an appropriate policy document. The Guidance concludes with some practical points about the timing of such checks, with…