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Disclosure and Barring Service: Handling and Security of DBS Disclosure Information (Wales) Policy
Scope and Purpose of Policy
This policy outlines this care service’s approach to the handling and security of information obtained as a result of receiving Disclosure and Barring Service (DBS) criminal record checks. The policy applies to all staff groups for whom criminal record checks are required in line with the Protection of Freedoms Act 2012.
The policy is in line with Regulation 35: Fitness of Staff of the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017.
As the law stands the service is required to make criminal record checks for successful applicants of all care-related positions, particularly those that fall within the description of “regulated activity” (as defined by the Protection of Freedoms Act 2012). These are made by carrying out DBS checks in line with its procedures.
All care worker roles are defined as regulated activity and therefore the service is required to carry out enhanced criminal record checks of all successful applicants for these posts. As a result the service is required to “handle” the information that they receive from these checks with great care and sensitivity in line with data protection laws and the DBS’s own Code of Practice.
This service will therefore:
- comply with the law and use the DBS to obtain information to enable it to assess the suitability of applicants for employment in positions of trust
- comply with the DBS Code of Practice and not discriminate unfairly against any subject of a DBS disclosure on the basis of conviction or other information revealed; having a criminal record does not necessarily bar an applicant from working for the service, as the nature of a disclosed conviction and its relevance to the post in question will be considered first
- use the information it receives from the checks only for the purpose of confirming an applicant’s eligibility and suitability for the post to which the person has been appointed
- comply with DBS guidance and Code of Practice regarding the secure storage, handling, use, retention and disposal of DBS disclosures and disclosure information, and with its obligations under the Data Protection Act.
Criminal Records Disclosures and Data Protection Procedures
- DBS disclosure information will not be stored on an employee’s personnel file but will be stored separately in lockable storage or secure computer files with access limited to those who are entitled to see it as part of their duties.
- DBS disclosure information will only be used for the specific purpose for which it was requested and for which the applicant’s full consent will have been obtained.
- Under DBS systems that have been developing since 2012, DBS certificates are sent only to the individual applicant. An annual fee is required to keep registration up to date, otherwise further renewals will not be necessary. Employers are able to check employees’ DBS certificates by registering with the DBS online updating service. They can check the individual employee’s current DBS status at any time by using the updating service.
- In line with Regulation 35: Fitness of Staff (paragraphs 5 and 6), the service will check a person’s DBS status at least annually if the person is registered with the updating service, and for anyone who is not, the service will require them to apply for a new DBS certificate every three years.
- Consideration is always given to the data protection rights of the individual. When an employee leaves the employment of the service any DBS disclosure information previously recorded is destroyed or deleted.
The service will amend its policy in line with any changes made to the DBS Code of Practice and any other changes to the relevant legislation and DBS procedures.
Reference: GOV.UK.
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