When can the police disclose information about me?
If you have had dealings with the police, it’s possible we hold some personal information about you on our records. You have the right to ask for any of this information, whether it’s for an employment vetting process, a visa application, family court proceedings or to check the accuracy of what we hold.
Find out below all the different circumstances in which the police can disclose information about you.
Subject access requests
The Data Protection Act 2018 gives you the right to ask if the police holds, or is processing, any personal data about you. This is called a subject access request.
The subject access process is confidential between the applicant and the police. We cannot provide details of another person this way.
Likewise, it is against the law for an employer, or potential employer, to ask you to perform a subject access request as a condition of your employment. Instead, they can ask you to perform a criminal conviction check or complete a Disclosure and Barring Service (DBS) or enhanced security check. See below for details.
If an employer, or potential employer, has asked for this information, you should submit a request via Disclosure Scotland. The reason for this is that certain details that would be included in an ACRO disclosure (above) by law do not need to be disclosed to an employer.
Disclosure Scotland will ensure that all the relevant information is provided while supporting your Data Protection rights.
Enhanced security checks
If your work, either as a paid employee or as a volunteer, will bring you into contact with children or vulnerable adults you may be asked to complete a Disclosure and Barring Service (DBS) check.
In situations where you’ll be regularly caring for, training, supervising or being in sole charge of vulnerable groups, including children, you may even be required to complete an enhanced level check.
Both DBS checks and enhanced level checks are carried out by the DBS. Applications for both are usually carried out via your employer.
If you’re due to be involved in family law proceedings, it’s possible to give advanced notice to us and other parties involved, such as children’s social care. This way, we can share any information needed ahead of the planned court date, so that family cases can be contemplated in possession of all the available facts.
This is especially important when the safety or welfare of family members is in question.