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January 31 2019

Human rights infringed by DBS checks

The way workers’ criminal records are disclosed to employers infringes their human rights, the Supreme Court has ruled.

In particular, the court rejected as “disproportionate” the blanket rules requiring automatic disclosure of all convictions where a person has more than one, and the requirement that some childhood cautions be disclosed indefinitely.

Experts have said the ruling could affect thousands of people who have old or minor criminal records.

This confirms previous rulings that the Disclosure and Barring Service (DBS) was breaching the right to a private life, accoridng to the European Convention on Human Rights.