Can A DBS Check Be Completed Without Your Consent?
A DBS check cannot be done on someone without their consent. DBS checks are governed by strict regulations and laws, which focus on an individual’s right to privacy, and consent.
Without your consent, it is illegal for an employer, organisation, or anyone else for that matter to conduct a DBS check on you.
Below are 4 important notes to bear in mind when it comes to consent and DBS checks:
Legislation: The DBS check process is regulated by the Police Act 1997 (Criminal Records) Regulations and the Rehabilitation of Offenders Act 1974. These laws require that individuals provide their consent for a DBS check to be carried out.
Protecting Privacy: Consent is essential because DBS checks reveal sensitive information about a person’s criminal history. It is crucial to safeguard an individual’s right to privacy and ensure that this information is not misused.
Right to Know: By providing your consent, you retain the right to know when and why a DBS check is being conducted on you. You can also review the information provided in the DBS certificate and challenge any inaccuracies.
Informed Consent: Consent should be informed, meaning you must be aware of the purpose of the DBS check and what it entails before agreeing to it. This ensures transparency and fairness in the process.
Conclusion – Can A DBS Check Be Completed Without Your Consent?
There are no two ways about it – a DBS check cannot be done on someone without their clear consent!
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About The Author
Kellie is our in-house legal expert when it comes to DBS checks. With a background in the legal sector, she has become a recognised authority in this area.