The information which comes up from a DBS check is highly confidential and should be dealt with under the terms of the Data Protection Act. Settings should register with the Information Commissioner’s Office (ICO) and have a data protection officer who should explicitly decide what is confidential information and set up strict protocols for who has access to it. The DBS code of practice sets out how they should handle this information.
Once an employer has information from a DBS check, this must also be used correctly. This is where some people can get confused. If a person who had been convicted of a motoring offence 20 years ago were to apply to work in a shop, for example, they would not have to declare their offending history as this conviction would be ‘spent’. Someone could have a long record of criminal convictions, but if they are spent, the employer would not know.
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