Locks and Security News: your weekly locks and security industry newsletter
17th April 2024 Issue no. 701

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Law changing on enforced subject access requests

The Ministry of Justice has announced that enforced subject access requests will become a criminal offence under new legislation set to be introduced on 1 December 2014.

Enforced subject access is where individuals are forced by someone like a prospective employer to make a data protection subject access request and reveal the results to them, typically in relation to criminal conviction data.

Responding to the Ministry of Justice’s latest announcement on 26 June 2014, the Information Commissioner's Office said:

“We welcome the news that it will become a criminal offence to require someone to make a subject access request. It is a clear perversion of an individual’s own rights, with consequences like unwarranted loss of employment opportunities. It also undermines important public polices such as the rehabilitation of offenders.

“Our next step is to develop guidance that explains exactly what this law means for organisations and for individuals. We will be working to ensure that those who are involved in this unsavoury practice are aware they will be committing criminal offences and we will be preparing ourselves to prosecute those who are involved in the practice.”

9th July 2014