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Julie Austin looks at the impact of this development from an employer perspective. Section 4(13) of the Data Protection Acts 1998-2003 makes it unlawful for employers to require employees or prospective employees to make a data access request seeking copies of personal data which is then made available to the employer or prospective employer. The section has been on the statute books for a number of years but has only been brought into force with effect from 18 July 2014....
Julie Austin looks at the impact of this development from an employer perspective. Section 4(13) of the Data Protection Acts 1998-2003 makes it unlawful for employers to require employees or prospective employees to make a data access request seeking copies of personal data which is then made available to the employer or prospective employer. The section has been on the statute books for a number of years but has only been brought into force with effect from 18 July 2014. This section was partially designed to prohibit employers from requesting employees or prospective employees to make a data access request to the Garda Siochana and to provide the employer with the results of the request to enable the employer to obtain details regarding the employee’s criminal record. Under section 4(13) of the Acts, this activity is prohibited and constitutes a criminal offence punishable by a fine not exceeding €3,000 on summary conviction or a fine not exceeding €100,000 on indictment. Employers are advised to review their recruitment procedures to ensure that these requests are no longer made as a part of any pre-employment screening. Employers should also review their template contracts of employment to ensure that submitting the results of a criminal record check is not a pre-condition of employment. Instead, prospective employees should be asked, either as part of a pre-employment screening questionnaire, or by way of a pre-condition in the contract of employment, to confirm if they have any criminal convictions which are relevant to the role.
For further information on this issue contact Julie Austin Employment and Benefits Associate.
Remember that this article is for information purposes only and does not constitute legal advice. Case law is fact specific and readers should understand that similar outcomes cannot be assumed. Specific advice should always be taken in given situations.