Column
SHARE AND SHARE ALIKE
R
ETAILERS sharing data there is a dispute as the relevance or they have previously been dismissed
about dishonest staff has accuracy of data, the subject has the for dishonesty or have resigned whilst
become a hot topic in light right of appeal to the IC who will under investigation for dishonesty. If
of what many perceive to make a decision regarding the data this dishonesty has been long-term or
be a lack of interest from entry. Data must be kept securely of high value, a prospective employer
the law enforcement community. and appropriate measures taken to must be able to exercise a degree of
However, the solutions are not prevent unauthorised or unlawful due diligence and protect the
without their critics who fear processing of personal data and Mike Schuck, company from what is likely to be an
invasion of privacy and erosion of against accidental loss or chief unacceptable risk to it and to honest
the Data Protection regulations. destruction or damage to that executive of employees.
Here Mike Schuck, Chief personal data. Action Employers who require in-depth
Executive of the Action Against The NSDR is not a blacklist. It is Against searches for senior positions will still
Business Crime (AABC) examines not in the interests of an employer Business employ pre-employment screening
the debate surrounding the to falsely accuse an employee of Crime agencies to ascertain details such as
National Staff Dismissal Register. dishonesty, to dismiss them and to addresses, qualifications, credit
AABC and Hicom Business have false data entered onto the worthiness, county court judgements
Solutions have worked with the NSDR, which would leave them and much other data which is
Information Commissioner’s Office open to a criminal action under the available from a variety of sources.
for 18 months to develop the DPA as well as any civil action for However, most employers who
National Staff Dismissal Register damages. require more junior staff to be
(NSDR). They have accepted all its The vast majority of cases of employed more quickly will generally
advice and built best practice into internal dishonesty are not reported carry out few checks beyond the
both the technology and the to police and no prosecution previous employer and referees and
operation of NSDR. We welcome follows. Most cases are dealt with will have to rely on the veracity of the
enquiries of the ICO to confirm our by established internal disciplinary information contained in the
commitment to the lawfulness of procedures and this has always been application form and the interview
the data base and its operation an option open to an employer. The process. References are, by general
because the NSDR will only contain criminal justice system would be consent, of little or no value as they
details of persons who have been hard put to cope with the added frequently limit the information
dismissed or have resigned whilst burden and it is surely provided to the start and finish dates
under investigation for theft, fraud disproportionate to inflict a criminal of the previous employment. In an
forgery or criminal damage to the conviction on someone for a increasing number of cases, even that
property of their employer. relatively small act of dishonesty information is not provided.
Any person whose details are when dismissal and entry onto the In many business sectors staff
entered on the register will have register for 12/24 months will act as turnover exceeds 50%, but there is
been through an internal an adequate warning. still a need to ensure that posts are
disciplinary procedure, had the The operation of the NSDR will be filled quickly to enable the business to
allegations put to him/her, been compliant with the Rehabilitation of continue to function efficiently. The
given opportunity to properly Offenders Act in as much as it may NSDR will provide a single point of
contest those allegations and have contain information about a reference to permit member
them proved before a dismissal relevant conviction in a court. Data employers to exercise that additional
takes place. All persons whose will be reviewed every 12 months due diligence which will help provide
details are entered on the NSDR will and will remain on the database for them with a fuller picture of the
be informed of this and will be able a maximum of three years in the assets and potential liabilities of
to exercise rights of subject access to vast majority of cases. applicants. RF
view the data and challenge any A person will not be refused a job
inaccuracy. solely on the basis of his or her entry
They have the right to have on the NSDR. All employer members
inaccurate data amended or deleted of the NSDR must have in place
“WE WELCOME
if it has been unlawfully obtained, properly structured recruitment,
ENQUIRIES OF THE
or has been processed in a manner disciplinary and dismissal processes
incompatible with the purpose for which ensure that a check of the
ICO TO CONFIRM
which it was obtained; if it is NSDR is only one part of the
excessive in relation to the purpose recruitment process and a check is
OUR COMMITMENT
for which it is processed; if it is not only carried out where it is required
accurate and kept up to date or if it and will not be the sole criterion for
TO THE LAWFULNESS
is being kept for longer than not employing a person.
OF THE DATABASE
necessary for the purposes for which It is highly unlikely a person will
it was obtained. In a case where admit to a potential employer that AND ITS OPERATION”
ISSUE 2 SEPTEMBER 2008 • 33
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