CRB Checks - 342/12
Dated: 07 Jun 2011
Date of request: 04/04/2012
Date of response: 01/05/2012
Provision of information held by Northumbria Police made under the Freedom of Information Act 2000 (the 'Act')(FOIA)
Thank you for your email dated 4 April 2012 in which you made a request for access to certain information which may be held by Northumbria Police.
As you may be aware the purpose of the Act is to allow a general right of access to information held by a Public Authority (including the Police), subject to certain limitations and exemptions.
"Can you please provide me with the following information ,
are the police allowed to provide organisations with pncid or crb checks without the organisation gaining permission form the individual with whom these checks are concerned
if yes what organisations, companies local authoritys are entitled to do these checks without the person involved knowing they are being done
if the answer is no , you are not allowed to do checks on an individual without permision being sought first , what is the policy for some one who has done this
also what is the policy for this information being shared without the knowledge of the individual concerned with other organisations
what is the policy of the police if it is reported that this information (pncid and crb)is being shared round the neighbourhood for anyone to read or left for others to share what would the correct course of legal action be"
We have now had the opportunity to fully consider your request and I provide a response for your attention.
Following receipt of your request, searches were conducted with the Disclosure Unit of Northumbria Police. I can confirm that the information you have requested is held by Northumbria Police.
I have decided to disclose the located information to you as follows.
Enhanced CRB checks can only be undertaken with the consent of the individual. The Police Service provide outside organisations with details of individuals. However, if consent is not provided by an individual, any disclosure must be made in accordance with the Data Protection Act 1998.
No organisation is entitled to undertake such checks, however, at the discretion of the Chief Constable, disclosure can be made.
Not applicable as per answer to question 2.
There is no generic policy in connection to personal or sensitive personal data being disclosed to outside agencies. Such disclosure are governed by common law and statute.
Each case of this nature would be dealt with on a case by case basis. However, any allegation made to the police regarding a criminal offence it would be investigated appropriately. If the allegation was made against an Officer or a member of Police Staff, then the matter would be referred to the Force Professional Standards Department.
The information we have supplied to you is likely to contain intellectual property rights of Northumbria Police. Your use of the information must be strictly in accordance with the Copyright Designs and Patents Act 1988 (as amended) or such other applicable legislation. In particular, you must not re-use this information for any commercial purpose.
How to complain
If you are unhappy with our decision or do not consider that we have handled your request properly and we are unable to resolve this issue informally, you are entitled to make a formal complaint to us under our complaints procedure which can be found at: http://www.northumbria.police.uk/foi/disclosurelog/foicomprights.asp
If you are still unhappy after we have investigated your complaint and reported to you the outcome, you may complain directly to the Information Commissioner’s Office and request that they investigate to ascertain whether we have dealt with your request in accordance with the Act.