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The United Kingdom is currently comprised of England and Wales, Scotland and Northern Ireland. Data protection in the United Kingdom is effectively in transition. The Data Protection Act 2018 is the United Kingdom's implementation of the General Data Protection Regulation (GDPR). This law is based on the following "data protection principles", which state that information must be: 1)used fairly, lawfully and transparently, 2) used for specified, explicit purposes, 3) used in a way that is adequate, relevant and limited to only what is necessary, 4) accurate and, where necessary, kept up to date, 5) kept for no longer than is necessary and 6) handled in a way that ensures appropriate security, including protection against unlawful or unauthorized processing, access, loss, destruction or damage.
In addition to data privacy laws, employers should be aware of other important legislation such as the Rehabilitation of Offenders Act 1974 (ROA). The ROA's purpose is to help ex-offenders find employment. Under the ROA, criminal convictions become "spent" after a particular period of time at which point the individual is considered rehabilitated. Additionally, the Information Commissioner's Office (ICO) states in "The Employment Practices Code" that criminal convictions should only be considered if relevant to the position being filled.
For further information, download our United Kingdom Country Sheet.
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Requirements: Name, date of birth, city
The Nationwide Database is a proprietary product offering that searches information from publicly available court sources, local media sources, and regulatory and sanction sources. This check should not be interpreted as a true, comprehensive criminal records search akin to the Basic Disclosure.
This search verifies the individual’s claimed license. Most often, the Professional License Verification simply provides the current status of the license claimed; however, other details such as license number, date of issuance, expiration and disciplinary action will be provided when available.
Requirements: Name, date of birth, address, release
This search is conducted at the local level through county court judgments. Report may include case type, file date, case number, name of court where case was filed, plaintiff, defendant and disposition if a case can be located.
This search is conducted at the nationwide level through the UK National Credit Database. Records of bankruptcy in the UK typically remain on register for five years from the date of filing. If a bankruptcy has been discharged it will remain on register for three months after the discharge date. If there is no automatic discharge or the discharge has been suspended the search period will be longer.
Requirements: Name, date of birth, school name, degree, major, dates of attendance, city of school, release form
In the UK it is common to verify only the highest degree obtained by a candidate. Educational institutions will be contacted to verify dates of attendance, graduation date and degree information.
Requirements: Name, date of birth, employer name and contact information, dates of employment, position held, release form
Employers will be contacted to verify the individual’s title, dates of employment and if the candidate is eligible for rehire. Typically employment verifications do not extend beyond a 7 year time frame in the UK absent a legal or regulatory requirement to obtain that information.
Requirements: Applicant name and date of birth, reference's relationship, contact name and contact information (including phone number and email address)
This search is conducted via telephone (or at times e-mail) with the individual’s personal or professional references using a standard list of questions.
Requirements: Name, date of birth, address, special release for Great Britain or special release for Northern Ireland
The UK Motor Vehicle Records check confirms the validity of the license. Results may include issue date, expiration date, potential driving offenses and identity information.
Requirements: Name, date of birth, complete address
The Individual Credit Report will include information on adverse credit, directors, bankruptcies, judgments and information from the PEP database.
Requirements: Name, date of birth, address
The Global Monitor Check (GMC) is database product that searches a variety of databases including (but not limited to):
Requirements: Name, DOB, Address, Consent Form, Identification Card Color Copy (Front and Back)
A validation and/or verification of the data subject’s identity documents.
Requirements: Name, date of birth, address, passport copy, company name where directorship was held, company address, In-Country Residence History Form
A search to determine if a candidate had fiduciary or board of directors responsibilities for a company.
Requirements: Name, date of birth, city, school name, degree obtained, dates of attendance, city of school, employer name and contact information, dates of employment, position and release form
The employment screening package provides discounted pricing rather than ordering individual products. The package Includes:
Requirements: Name (including former name), dob, address, release
The Criminal and Civil Search Package offers discounted pricing of our most popular searches. This bundle includes one criminal records search and one civil records search, based on the jurisdiction of the address provided.
The Civil and Bankruptcy Search Package offers discounted pricing of our most popular due diligence searches. This bundle includes one civil records search and one bankruptcy records search, based on the jurisdiction of the address provided.
The Rehabilitation of Offenders Act 1974 (ROA) applies to England, Scotland and Wales. The Act allows certain convictions to become "spent" if the sentence involved 30 months of imprisonment or less and the rehabilitation period was completed successfully. The ROA’s purpose is to help ex-offenders find employment. Under the ROA, criminal convictions become “spent” after a particular period of time at which point the individual is considered rehabilitated.
It is important to note that under this Act any adult or youth conditional caution will be spent after 3 months has passed and that final warnings, simple cautions and reprimands become spent immediately. A conviction is "unspent" if the sentence included more than 30 months of imprisonment or if the rehabilitation period was not completed successfully.
The Basic Disclosure is a criminal check covering England, Scotland, and Wales that provides information on all unspent convictions under the Rehabilitation of Offenders Act (ROA). The ROA protects people who have committed a criminal offense but have not re-offended since. After the first offense, there is a “Rehabilitation Period”. If the person does not re-offend during this period their conviction becomes ‘spent’. If the person has another criminal offense within this time frame, or if the original sentence is more than 2.5 years in prison, the conviction is ‘unspent’ indefinitely. How long an “unspent” conviction can be reported is determined by the ROA.
The Criminal Records Bureau (CRB) in the UK retains all criminal data. Registered and approved agencies are used by the CRB to provide access to the various disclosures.
Standard Disclosure – Available for individuals who are involved in the administration of law, individuals applying for firearms or explosives licenses and individuals involved in the provision of care services. The Standard Disclosure provides information on both unspent and spent convictions as well as cautions.
Enhanced Disclosure – Available for individuals involved in adoption or individuals applying for various gaming and lottery licenses. This disclosure covers both spent and unspent convictions, cautions, inclusion on children's or adult's lists and other information held by police forces and government bodies.
Court searches are generally not available in the UK. Courts typically do not share information with employers or other third parties. In the UK, the Criminal Records Bureau (CRB) holds all of the criminal data. The completed form and the fee will need to be sent to the Data Protection Officer in the area that you live in. The police will send the completed form to Scotland Yard. You can expect the results to be sent back to you in about 40 days.
If you would like to obtain a police certificate on yourself to be used for immigration purposes, visit your local police station in the UK and request a Subject Access form. The completed form will need to be sent with the required fee to the Data Protection Officer at your local police station. The police will then send your application to the Scotland Yard and you should receive results back via post mail within 40 business days.
The Data Protection Act 2018 is the United Kingdom's implementation of the General Data Protection Regulation (GDPR). This law is based on the following "data protection principles", which state that information must be:
At Info Cubic, data privacy and protection is of the utmost importance. The following associations and certifications prove our commitment to data security.
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