Search
Close this search box.

Disclosure of caution breached Article 8 Convention right

In M M v United Kingdom the European Court of Human Rights held that the operation of arrangements in Northern Ireland for the retention and

In M M v United Kingdom the European Court of Human Rights held that the operation of arrangements in Northern Ireland for the retention and disclosure of criminal record information (similar to those in England and Wales) breached the right to respect for private life in Article 8(1) of the European Convention on Human Rights. In this case, a woman had been cautioned for child abduction after she disappeared with her grandson for two days during a family crisis. She was rejected for jobs over six years later when the caution was disclosed in criminal record checks. In view of the extent to which the arrangements for the retention and disclosure of criminal record information interfered with a data subjects' right to private life, the interference could not be said to be in accordance with the law. Comment: When section 79(2) of the Protection of Freedoms Act 2012 comes into force, an enhanced CRB certificate and any relevant police information will only be sent to the individual applicant, giving him or her the opportunity to review and challenge any of this information before it is released to an employer or potential employer. But, this will address only a minor part of the criticisms made by the court of the entire legal framework under which criminal record information is both retained and disclosed. It remains to be seen whether the Government will take action.

Read more

Latest News

Read More

The legal and moral imperative to support neurodivergent employees

19 May 2024

Newsletter

Receive the latest HR news and strategic content

Please note, as per the GDPR Legislation, we need to ensure you are ‘Opted In’ to receive updates from ‘theHRDIRECTOR’. We will NEVER sell, rent, share or give away your data to third parties. We only use it to send information about our products and updates within the HR space To see our Privacy Policy – click here

Latest HR Jobs

Assistant Director of Human Resources Claridges We are seeking an exceptional Assistant Director of Human Resources to join the Claridges team. Set in the heart

University of Exeter – Human ResourcesSalary: The starting salary will be from £26,444 on Grade D, depending on qualifications and experience This provides summary information

The British Academy – HR TeamSalary: £33,545 This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases

As the Head of Strategic Workforce Transformation, you will be responsible for developing and implementing comprehensive strategies to ensure we have the right… £58,972 –

Read the latest digital issue of theHRDIRECTOR for FREE

Read the latest digital issue of theHRDIRECTOR for FREE