Is It Against the Law to Request a DBS Check on a Person Without Their Knowledge?
It is rare occurrence, but what should a person do, if they receive a DBS Certificate in the post, but they know they have not applied for a job recently or attended an interview? You may wonder if someone has broken the law by requesting this information about you. The article below explains this in detail:
What is the Usual Procedure to Acquire a DBS Certificate?
Typically, when a person applies for a job, and they have attended an interview, if they have been successful, they are provisionally offered the job, dependent upon references and a satisfactory DBS Check. If it is a Basic DBS Check they can apply for it themselves, but if it is a Standard or Enhanced DBS Check then the employer must apply for this on the candidate’s behalf. The candidate will usually complete this online, and the DBS Check can take between 2-4 weeks. Then once the investigations have been done, a person will be sent a DBS Certificate either online or on paper.
If you have applied for a job and completed a DBS application, then this is fine. If you have not and you receive a DBS Certificate, then it is more of a cause for concern. This means that someone has applied for the DBS Check on your behalf, without your knowledge or without you giving your permission for this to be done.
Has Someone Broken the Law Requesting a DBS Check for You, Without Your Permission?
If someone has requested a DBS Check on your behalf, and you have not given your consent and permission for that, then yes, they have broken the law.
The exception to this, is providing the DBS Check has not been conducted by your current employer. What the scenario could be here, is that they have a company policy, whereby they conduct DBS Checks every two years, or every three years etc. If this is the case your employer may have applied for a DBS Certificate for you, based on the information and permission to do the DBS Check, that you gave when interviewed.
What Should You Do, If You Receive a DBS Check Certificate and Did Not Apply for One?
If you have received a DBS Check certificate and did not apply for one and feel certain that your current employer does not have a policy of updating DBS checks, then you should email DBS and let them know this has happened. They will find out who applied for the DBS Check on your behalf.
Possible Scenarios of What Could Have Happened
- Someone could have applied for a job using your name and information; this would mean you were a victim of identity fraud.
- It could be that a person has applied for a DBS Check and has the same name as you, and there has been an error made.
DBS will investigate and will keep you updated with their findings.
If someone has conducted a DBS Check without your permission this is against the law. However, do ascertain that it is not your current employer’s policy to do the DBS Checks every few years; you can check with your manager. If you think a genuine mistake has been made, and you have received a DBS Certificate when you have not applied for one; then contact DBS immediately and they will investigate this.
