You have the right to be told whether any information is held about you on police systems. You also have a right to a copy of that information, subject to certain exemptions. This is called a Subject Access Request.
An employer or service provider may not ask you to make a subject access request to obtain information about any criminal history you may have as a condition to employment or provision of a service. This is called an enforced subject access request and is illegal under the new Data Protection (Jersey) Law 2018.
Employers do have the right to know certain information about any criminal history you may have but the level of information allowed to be disclosed is role specific. A subject access request will reveal every conviction you may have, including Parish Hall sanctions which would not normally be disclosed.
Any employer may require you to obtain a Basic disclosure certificate detailing unspent convictions only, from Disclosure Scotland. Roles exempt from the Rehabilitation of Offenders (Jersey) Law 2001 allow employers to request a full conviction list (spent and unspent) from the Disclosure and Barring service (DBS). Some roles, working with children or vulnerable adults, will require an enhanced certificate from the DBS, this may include non-conviction information held by the police. The Rehabilitation of Offenders (Exceptions) (Jersey) Regulations 2002list the exempt roles.
Making a subject access request
When you make a subject access request, information about you may come from:
- local police computer systems
- the Police National Computer System
- Other information held by the police
How to apply
You can only make a subject access request if you can prove your identity and address.
Check the States of Jersey Police website for more information on applying for a subject access request.
Subject Access Requests from the States of Jersey police
Difference between subject access requests and Disclosure and Barring Service (DBS) checks
A subject access request can only be made by you, about yourself.
It tells you if any information is held about you on police systems and you have a right to a copy of that information, subject to certain exemptions. It is up to you who you share the information with.
Disclosure and Barring Service (DBS) checks are requested by you and shown to prospective employers, or voluntary organisations, if your role will put you in contact with children or vulnerable adults or is exempt under the Rehabilitation exemptions regulations..
The DBS or Jersey Vetting Bureau can give you more information about these checks.
Visit the Find a DBS umbrella body company page on GOV.UK to find a company to do a Disclosure and Barring Service (DBS) checks on behalf of your business or organisation.
gov.je