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Data Protection Act 1998

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56 Prohibition of requirement as to production of certain records.E+W+S+N.I.

(1)A person must not, in connection with—

(a)the recruitment of another person as an employee,

(b)the continued employment of another person, or

(c)any contract for the provision of services to him by another person,

require that other person or a third party to supply him with a relevant record or to produce a relevant record to him.

(2)A person concerned with the provision (for payment or not) of goods, facilities or services to the public or a section of the public must not, as a condition of providing or offering to provide any goods, facilities or services to another person, require that other person or a third party to supply him with a relevant record or to produce a relevant record to him.

(3)Subsections (1) and (2) do not apply to a person who shows—

(a)that the imposition of the requirement was required or authorised by or under any enactment, by any rule of law or by the order of a court, or

(b)that in the particular circumstances the imposition of the requirement was justified as being in the public interest.

(4)Having regard to the provisions of Part V of the M1Police Act 1997 (certificates of criminal records etc.), the imposition of the requirement referred to in subsection (1) or (2) is not to be regarded as being justified as being in the public interest on the ground that it would assist in the prevention or detection of crime.

(5)A person who contravenes subsection (1) or (2) is guilty of an offence.

(6)In this section “a relevant record” means any record which—

(a)has been or is to be obtained by a data subject from any data controller specified in the first column of the Table below in the exercise of the right conferred by section 7, and

(b)contains information relating to any matter specified in relation to that data controller in the second column,

and includes a copy of such a record or a part of such a record.

TABLE

Data controllerSubject-matter

1. Any of the following persons—

(a) a chief officer of police of a police force in England and Wales.

(b) a chief constable of a police force in Scotland.

(c) the Chief Constable of the Royal Ulster Constabulary.

[F1(d) the Director General of the Serious Organised Crime Agency.]

(a) Convictions.

(b) Cautions.

2. The Secretary of State.

(a) Convictions.

(b) Cautions.

(c) His functions under [F2section 92 of the Powers of Criminal Courts (Sentencing) Act 2000], section 205(2) or 208 of the Criminal Procedure (Scotland) Act 1995 or section 73 of the Children and Young Persons Act (Northern Ireland) 1968 in relation to any person sentenced to detention.

(d) His functions under the Prison Act 1952, the Prisons (Scotland) Act 1989 or the Prison Act (Northern Ireland) 1953 in relation to any person imprisoned or detained.

(e) His functions under the Social Security Contributions and Benefits Act 1992, the Social Security Administration Act 1992 [F3, the Jobseekers Act 1995 or Part 1 of the Welfare Reform Act 2007].

(f) His functions under Part V of the Police Act 1997.

[F4(g) His functions under the Safeguarding Vulnerable Groups Act 2006 ][F5or the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007].
3. The Department of Health and Social Services for Northern Ireland.Its functions under the Social Security Contributions and Benefits (Northern Ireland) Act 1992, the Social Security Administration (Northern Ireland) Act 1992 [F6, the Jobseekers (Northern Ireland) Order 1995 or Part 1 of the Welfare Reform Act (Northern Ireland) 2007.].
[F7 4. The [F8Independent Safeguarding Authority]Its functions under the Safeguarding Vulnerable Groups Act 2006 ][F5or the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007] .
[F95. The Scottish Ministers.Their functions under Parts 1 and 2 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14).]

[F10(6A)A record is not a relevant record to the extent that it relates, or is to relate, only to personal data falling within paragraph (e) of the definition of “data” in section 1(1).]

(7)In the Table in subsection (6)—

  • caution” means a caution given to any person in England and Wales or Northern Ireland in respect of an offence which, at the time when the caution is given, is admitted;

  • conviction” has the same meaning as in the M2Rehabilitation of Offenders Act 1974 or the M3Rehabilitation of Offenders (Northern Ireland) Order 1978.

(8)The [F11 Secretary of State] may by order amend—

(a)the Table in subsection (6), and

(b)subsection (7).

(9)For the purposes of this section a record which states that a data controller is not processing any personal data relating to a particular matter shall be taken to be a record containing information relating to that matter.

(10)In this section “employee” means an individual who—

(a)works under a contract of employment, as defined by section 230(2) of the M4Employment Rights Act 1996, or

(b)holds any office,

whether or not he is entitled to remuneration; and “employment” shall be construed accordingly.

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Amendments (Textual)

F1S. 56(6) Table: para. (d) in first entry substituted (1.4.2005) for paras. (d)(e) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 112; S.I. 2006/378, art. 4, Sch.

F2S. 56(6) Table: words in entry 2 substituted (25.8.2000) by 2000 c. 6, ss. 165, 168, Sch. 9 para. 191

F4S. 56(6) Table: in entry relating to the Secretary of State para. (g) inserted (19.5.2008) by Safeguarding Vulnerable Groups Act 2006 (c. 47), ss. 63, 65, Sch. 9 para. 15(2)(a) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2008/1320, art. 3

F8Words in s. 56 substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 81(2)(3)(i), 116

Commencement Information

I1S. 56 partly in force; s. 56 in force for certain purposes at Royal Assent see s. 75(2)(i); s. 56 in force for specified purposes at 3.3.2011by S.I. 2011/601, art. 2

Marginal Citations

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