Criminal Records

[baggers02]

The local trading standards dept has disclosed to someone I have a criminal record. The person they told is being investigated by them and i was associated with this person.

Have the council broken the data protection act?

[factor-fiction]

Seems like it but we may need more info- who did they tell and how did they come to have the info

[baggers02]

I worked for a company who is now being investigated for trademark/regulation issues. When we were raided I was not arrested but the person told is one of the company owners who was arrested and recently had a further interview with Trading Standards. They have the info as a result of their investigation despite me not being arrested or charged.

[LCDMAN]

If your criminal record is a result of having appeared in Court, then it is a matter of Public Record and anyone has access to that information. Life's a bitch, but tough, sorry.

[sherrardk]

Presumably your ex-employer already knew that you were questioned as it happened she you were working for them?

[LCDMAN]

Whoa, hold on a mo'. Further to my previous answer, if you were not arrested or charged then what makes you/them think this means you have a criminal record? Or do you have one from other previous offences anyway?

[baggers02]

Hi yes a previous conviction - it may be public record as you say but when the information is requested by an authority I am sure it comes under the data protection act as it is classed as your private data.

[factor-fiction]

> when the information is requested by an authority

I'm not clear in your case which authority requested it. I read it that Trading Standards mentioned it to the owner of the company you work for

[boxtops]

It depends on the circumstances - there are situations when the DPA can be overridden if it's in the public interest, or so I believe.

[bill55bill55]

"If your criminal record is a result of having appeared in Court, then it is a matter of Public Record and anyone has access to that information. Life's a bitch, but tough, sorry"

Not true. Whilst the courts ARE open to the public, once the case is over there is no way that Joe Public can go through a database and check up who has and who hasn't got a criminal record, that information is only released under strict conditions, Local Authorities investigating a crime can apply, you and I can't.

[ojread2]

"If your criminal record is a result of having appeared in Court, then it is a matter of Public Record and anyone has access to that information. Life's a bitch, but tough, sorry"

As above, you are completely wrong about someone's criminal record being public material. Can you imagine being able to check up, just by googling, your neighbours, your friends, etc etc.
Silly thing to say

[bednobs]

really? Isn't it usually in the paper (it used to be)?

[factor-fiction]

Maybe it also depends on whether the person in Trading Standards obtained the information in the course of his duties or whether it was just information that was regarded as public knowledge