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February 8, 2019
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Hungary issues GDPR interpretation for criminal checks

Hungary's Authority for data rotection has made a statement regarding criminal record checks and GDPR.

Along with Hungary's Freedom of Information (NAIH) they have ruled that criminal records can only be obtained if: a) For certain jobs such as public services or child care the legal basis under GDPR for requesting criminal checks can be found in Article 6 (1) c) which allows for data processing when a data controller has to comply with a legal obligation b) Where a legitimate interest exists for the need for a clean criminal record in accordance with Article 6 (1) f) of the GDPR.

If a company decides to request such certificates from applicants and employees, this must be reflected in its data protection notices, which must include justification by way of a legitimate-interest test. Employers, for example, may request such certificates if a given job requires specific confidentiality requirements or is a sensitive financial position.

The NAIH emphasises that employers must not make copies of these certificates. Also, a company's previous routines and privacy notices must be checked to make sure they fall in line with this new interpretation.

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| Charities & Not-For-Profit Sector
February 4, 2019
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Charities warned over unnecessary checks on staff

Charities have been warned not to carry out unnecessarily excessive screening checks on employees, a data protection expert has warned.

Following the safeguarding scandal last year, some charities now accept off-the-record additional information in references from previous employers, which could be legally risky.

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| Security
February 3, 2019
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Inadequate vetting for thousands of police personnel

Even though criminal records and background checks have been stricter since 2006, many police forces have not adequately vetted officers and staff.

The National Police Chiefs' Council is aiming to cut levels of non-compliance.

Her Majesty's Inspectorate of Constabulary and Fire and Rescue said it was seeing too much corruption and abuse of power - sometimes for sexual gain.
 

The National Police Chiefs' Council said more cases like this were being reported because of the work they had done in highlighting the issue.

In a statement, it said: "There is a gap and we will work really hard to sort that out. We are confident the number of officers and staff who have not been retrospectively vetted before 2006 will fall in the coming months."

HMICFRS said the low levels of vetting uncovered by the BBC could affect public confidence in the police.

"We're currently inspecting forces to check that they've cleared their vetting backlogs," it said.

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