Data Protection Access Request

pipedev

I need to make a Data Protection Access Request for myself...."for all criminal record data under the Data Protection Act". I have to show this to an employer. What I’m worried about is a silly Probation Act I got years ago - had to pay a fine to poor box. Will this show up on the returned results - I would expect not as my understanding is that the Probation Act is not classed as a criminal "record" or "conviction" – I have to use the wording above. I am fairly sure it would show up under an official garda vetting– needless to say I dont want to have to explain this and feel it would severely damages my chances -- anyone have any knowledge on this.
Thanks…..

MadsL

pipedev wrote: »

I need to make a Data Protection Access Request for myself...."for all criminal record data under the Data Protection Act". I have to show this to an employer. What I’m worried about is a silly Probation Act I got years ago - had to pay a fine to poor box. Will this show up on the returned results - I would expect not as my understanding is that the Probation Act is not classed as a criminal "record" or "conviction" – I have to use the wording above. I am fairly sure it would show up under an official garda vetting– needless to say I dont want to have to explain this and feel it would severely damages my chances -- anyone have any knowledge on this.
Thanks…..

Firstly you need to deal with Garda Vetting not a Data Access Request.

Next as it only deals with requests from organisations that are registered with the Unit and only they may request to vet certain prospective employees. It is intended to expand the Garda vetting service to all organisations which recruit people who have substantial unsupervised access to children and vulnerable adults, so the next question is are you going to be dealing with children or special needs?

If not, then it is time to ask why your employer requires this?

As part of this pre-employment checking process, it has become acceptable practice to directly ask prospective employees if they have ever been convicted of a criminal offence. Employers can request that prospective employees furnish a copy of previous criminal conviction records, if such records exist. These records are directly available to citizens - as opposed to employers - from the Garda Siochana's national vetting unit. Employers, in certain circumstances, can make this request directly to the Vetting Unit in relation to prospective employees, subject to the provision of signed clearance by the prospective employees. Irish Data Protection legislation obliges employers to inform prospective employees of any potential checks the employer intends to carry out and in some circumstances the employer may need to seek the prospective employee’s specific consent to carry out the checks. If an employer intends to conduct criminal background checks into a prospective employee it must be able to show justification for carrying out such checks and show that such checks are absolutely necessary having regard to the position on offer. Where an employee will hold a position which involves the care of a vulnerable person, employers are advised to be extra vigilant in making sure that the employee does not pose a risk, by virtue of his or her past behaviour or previous convictions. Best practice for an employer seems to be to ask applicants directly if they have any criminal convictions on a character enquiry form that is separate to the main job application form.

RAISING PREVIOUS CONVICTIONS

It is important for employers to be aware, however, that while they can raise the issue of previous convictions on an application form or at interview stage, there is no legal obligation on a candidate to disclose previous convictions except in very limited circumstances. However, in the event that false information is provided on an application form or during the interview process, an employer may be entitled to terminate the employment on grounds of misrepresentation. Pre employment vetting which includes carrying out criminal background checks and/or Garda checks is undoubtedly more intrusive than simply verifying information provided by the applicant personally by carrying out reference checks and employers ought to be aware that such checks may give rise to certain obligations under Irish Data Protection legislation, depending on the position on offer and the extent of the checks required to be carried out. In most cases, however, a criminal record does not in itself entitle an employer to refuse work.

Now if you want to be sure, before giving your employer the option, you can ask for a Police Certificate at your local station (address the request to the Inspector) it will take about 4-6 weeks. It is addressed to you personally so you can see what is on it when it comes back. You can aslo fob your employer off for a few months of employment, by saying it hasn't come back yet.

pipedev

thanks for advice MadsL

MadsL

pipedev wrote: »

thanks for advice MadsL

What sector of work are you in that your boss is requesting this btw?

pipedev

MadsL wrote: »

What sector of work are you in that your boss is requesting this btw?

Its a pre-employment - prefer not to say exactly what type of industry but it is private sector

MadsL

pipedev wrote: »

Its a pre-employment - prefer not to say exactly what type of industry but it is private sector

Are you working with children? Or large sum of money?

I can't really see why an employer would be allowed to insist on a Garda Check.

Do the Police Certificate - that way you can see it first.

pipedev

MadsL wrote: »

Are you working with children? Or large sum of money?

I can't really see why an employer would be allowed to insist on a Garda Check.

Do the Police Certificate - that way you can see it first.

No and No! -- and neither can I. Hopefully I will be able to obtain one!

MadsL

pipedev wrote: »

No and No! -- and neither can I. Hopefully I will be able to obtain one!

Has he made the job offer conditional on a police check? Does he know it will take 4-8 weeks to get one?

pipedev

MadsL wrote: »

Has he made the job offer conditional on a police check? Does he know it will take 4-8 weeks to get one?

Ill have to find that out but I presume Yes. Also presume he knows that as well. Will report back when I sort it out

Fred Swanson

This post has been deleted.

MadsL

Fred Swanson wrote: »

This post has been deleted.

Mine was about 6 weeks I think. It was the last to arrive after UK and Czech Republic.