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Subject: National Employee Database - Data Protection implications Posted on: Thu, 8 May 2008 15:24:36 +0100

Surprised no one else noticed this :

http://news.bbc.co.uk/1/hi/magazine/7389547.stm

Workers accused of theft or damage could soon find themselves blacklisted on
a register to be shared among employers. It will be good for profits but
campaigners say innocent people could find it impossible to get another job.

To critics it sounds like a scenario from some Orwellian nightmare.

An online database of workers accused of theft and dishonesty, regardless of
whether they have been convicted of any crime, which bosses can access when
vetting potential employees.

But this is no dystopian fantasy. Later this month, the National Staff
Dismissal Register (NSDR) is expected to go live. Individuals would be
treated as criminals, even though the police have never been contacted

Hannah Reed of the TUC

Organisers say that major companies including Harrods, Selfridges, Reed
Managed Services and Mothercare have already signed up to the scheme. By the
end of May they will be able to check whether candidates for jobs have faced
allegations of stealing, forgery, fraud, damaging company property or
causing a loss to their employers and suppliers.

Workers sacked for these offences will be included on the register,
regardless of whether police had enough evidence to convict them. Also on
the list will be employees who resigned before they could face disciplinary
proceedings at work.

The project has attracted little publicity. But the BBC News website can
reveal that trade unions and civil liberties campaigners are warning that it
leaves workers vulnerable to the threat of false accusations.

TUC policy officer Hannah Reed says that while criminal activity in the
workplace can never be condoned, she fears such a system is open to abuse.
WHAT WILL GET YOU ON IT
Theft or attempted theft of money, merchandise or property from company,
suppliers or customers
Falsification or forgery of documents
Fraudulently obtaining money, services or information
Damaging company property

"The TUC is seriously concerned that this register can only lead to people
being shut out from the job market by an employer who falsely accuses them
of misconduct or sacks them because they bear them a grudge. Individuals
would be treated as criminals, even though the police have never been
contacted.

"The Criminal Records Bureau was set up to assist employers to make safe
appointments when recruiting staff to work with vulnerable groups. The CRB
already provides appropriate and properly regulated protection for
employers. Under the new register, an employee may not be aware they have
been blacklisted or have any right to appeal."

James Welch, the legal director of human rights group Liberty, also says
that he is concerned that the register does not offer sufficient redress to
the falsely accused.

"This scheme appears to bypass existing laws which protect employees by
limiting the circumstances when information about possible criminal activity
can be shared with potential employers."


The register is an initiative of Action Against Business Crime (AABC), a
partnership between the Home Office and the British Retail Consortium.
Selfridges has signed up


Set up by Surrey-based firm Hicom Business Solutions, the database will
allow employers to search for potential workers by name, address, date of
birth, national insurance number and previous employer.

Records on individuals - accessible online via an encrypted password
system - will be kept for a five-year period and can include photos.

Mike Schuck, chief executive of AABC, says that theft by members of staff
costs the British economy billions of pounds each year and rejects the
notion that the register is a blacklist.

He says that all participating companies will be obliged to abide by the
Data Protection Act and that workers named on the database, maintained by
AABC, will have the right to change their entries if they are inaccurate.

Should a dispute take place between an employee and an employer about
whether an incident occurred, Mr Schuck adds, the worker will be able to
appeal to the Information Commissioner's Office.

"We are limiting access to the database to employers who can comply with the
Information Commissioner's employment practices code," he says. "We're not
going to allow Mr Smith's hardware store. We're quite open about this.
People will be told when they apply for jobs that they may be checked as
part of the application process.

"Theft in the workplace hurts staff as much as employers because it puts
everyone under suspicion."

Nonetheless, many workers may get a nasty surprise when old allegations
return to haunt them when they next apply for a job.