Disclosure Information – Secure Handling, Use, Storage And Retention

This Policy aims to protect the vulnerable by safer recruitment. 

Part V of the Police Act 1997, is aimed at helping employers and other organisations assess the suitability of applicants for particular posts and to make safer recruitment decisions in relation to positions of trust by widening access to criminal record information.  To this end, the Act provides for the issue of criminal conviction certificates, criminal record certificates and enhanced criminal record certificates.  In Scotland, these certificates will be issued by Disclosure Scotland.  In practice, the certificates will be known as Basic, Standard and Enhanced Disclosures.

All Hayfield staff will be required to undertake an Enhanced Disclosure process, prior to appointment (existing staff will be required to undertake the Enhanced Disclosure process as legislation dictates).  Disclosure information will be confidential and will be accessible only by the applicant and the counter-signatory.

The Act also provides for a Code of Practice to be published by Ministers governing the use of all information issued in respect of Standard and Enhanced Disclosures.  The Code requires all recipients of such Disclosure information to comply with the Code and to handle, store and dispose of that information appropriately.

Registered Bodies are therefore required to have a written policy on the handling, holding and destroying of Disclosure information, and to ensure that any body or individual, at whose request applications for Standard and Enhanced Disclosures are counter-signed, has such a written policy.

Policy Statement

General Principles

Hayfield complies fully with the Code of Practice, issued by Scottish Ministers, regarding the correct handling, holding and destroying of Disclosure information provided by Disclosure Scotland, under Part V of the Police Act 1997, for the purposes of assessing applicants’ suitability for positions of trust.  It also complies fully with the Data Protection Act 1998 and other relevant legislation pertaining to the safe handling, use storage, retention and disposal of Disclosure information and has a written policy on these matters.

Usage 

We use Disclosure information only for the purposes for which it has been provided.  The information provided by an individual for a position within Hayfield is not used or disclosed in a manner incompatible with the purpose.

Handling

Hayfield recognises that, under Section 124 of the Police Act 1997, it is a criminal offence to reveal Disclosure information to any unauthorised person.  The only authorised persons are the designated counter-signatories.

Access and Storage

We do not keep Disclosure information in an individual’s personnel file.  It is kept securely in lockable, non-portable storage containers.  Access to storage units is strictly controlled to authorised and named individuals, who are entitled to see such information in the course of their duties.

Retention

We do not keep Disclosures or Disclosure information for any longer than is required after a recruitment (or any other relevant) decision has been taken.  In general, this is no longer than six months.  This is to allow for the resolution of any disputes or complaints.  Disclosure information will only be retained for longer than this period in exceptional circumstances and in consultation with Disclosure Scotland.  The same conditions relating to secure storage and access will apply during any such period.

Disposal

Once the retention period has elapsed, Hayfield will ensure that Disclosure information is immediately destroyed in a secure manner, i.e. by shredding, pulping or burning.  Hayfield will not keep Disclosure information which is awaiting destruction in any insecure receptacle, e.g. a waste-bin or confidential waste sack.  Hayfield will not retain any image or photocopy or any other form of the Disclosure information.  However, a record of the date of issue of the Disclosure, the name of the subject, the Disclosure type, the position for which the Disclosure was requested, the unique reference number of the Disclosure and details of the recruitment decision taken, will be retained.