Is ‘Subject Access’ the same as ‘vetting’?
No. Certain employers do insist on prospective employees applying for subject access as a method of vetting but the Information Commissioner does not condone using subject access as a method of vetting.
It is a matter for the individual concerned to determine whether or not he/she wishes to apply. Organisations who wish to make safer recruitment decisions by accessing criminal record information should contact the Criminal Records Bureau.
Is ‘Subject Access’ the same as obtaining a ‘disclosure’ from the Criminal Records Bureau (CRB)?
No. The CRB is an executive agency of the Home Office. It has been set up to provide wider access to criminal record information to help organisations make safer recruitment decisions.
The CRB assists employers in the public, private and voluntary sectors to identify candidates who may be unsuitable for certain work, especially work involving contact with children or vulnerable members of society.
Do I have to complete a ‘Subject Access’ request and let my employer see it?
Though the Data Protection Act makes this an offence, it has yet to be introduced in law by the Government.
Currently, no specific offence is committed by employers making this demand but it is against the spirit of the Act and a matter for you as to whether you make a ‘Subject Access’ request to give to your employer.
What is Disclosure Scotland?
Disclosure Scotland is available to anyone within the UK. Disclosure Scotland is a government approved agency that provides suitable reports for employers showing any relevant convictions. The reports exclude any convictions classified as ‘spent’ as they should not be relevant to an employment agreement. Find out more by visiting the Disclosure Scotland website.
I have been asked to get a ‘Memorandum of Conviction’ by an embassy. How do I get one?
A ‘Memorandum of Conviction’ is a court record. If you know the date you attended court, you can request this directly from the court. If you do not know the date you can make a ‘Subject Access’ request via our Subject Access application form (25.24 kB).
I made a ‘Subject Access’ request but have lost the result. Can I get a duplicate?
If you have lost your result, then you can request a duplicate copy within 54 days of the receipt of your application by South Wales Police.
I’ve made a ‘Subject Access’ request but haven’t received a reply. What should I do?
We have up to 40 days from the date we received the request to give an official response. If the 40 days have passed and you haven’t heard anything, please call the Data Protection Unit on 01656 303444.
If we require any further information regarding your application, we will contact you using the contact details you provided.
My insurers want me to get a copy of the crime report to support a claim. How do I get hold of it?
Most insurance companies are now signatories to an agreement with Police Forces that allows disclosure of certain information relating to the incident in question, where they feel there may be a fraudulent claim.
In these circumstances your consent will be sought by the insurance company.
Please note, offender details will only be provided at the discretion of South Wales Police, if it is proven that the information is needed for legal proceedings or if a court order has been obtained.