Feeds

UK Supremes question vetting scheme

New rules for enhanced CRB checks

SANS - Survey on application security programs

Britain's top judges have warned that new background checks to vet millions of adults for contact with children carry a "real risk" of infringing human rights and undermining public confidence in protection measures.

The comments about the Independent Safeguarding Authority (ISA) were made today as a nursery worker who lost her job because of an enhanced CRB check lost her case against the police.

Although the new Supreme Court ruled that the police were right to disclose she had once been accused of neglecting her child because it was directly relevant to her work, it sounded a strong note of caution about the ISA in its judgement.

In future, "the police must give due weight to the applicant's right to respect for her private life" the judges said, and chief constables should allow individuals to make representations before making an enhanced CRB disclosure.

They extended their concerns over government vetting to the ISA, which will call on the existing CRB system.

"The widespread concern about the compulsory registration rules for all those having regular contact with children, as proposed by the Government in September 2009, demonstrates that there is a real risk that, unless child protection procedures are proportionate and contain adequate safeguards, they will not merely fall foul of the Convention [on human rights], but they will rebound to the disadvantage of the very group they are designed to shield, and will undermine public confidence in the laudable exercise of protecting the vulnerable," wrote Lord Neuberger, one of the panel of five judges considering the case.

The nursery worker, referred to by the Court as "L", attempted to sue the Met under the Human Rights Act, arguing that the enhanced CRB disclosure had infringed her right to privacy.

Enhanced CRB checks allow disclosure of investigations that never led to a charge. They are used for occupations that involve contact with children and vulnerable people.

Although she lost, the woman's solicitor said she welcomed the judgement because it would mean more care will be taken by police in future.

Liberty also welcomed the ruling.

"The Supreme Court has thankfully brought some wisdom and balance to the current frenzy around employment vetting. At a time when more people than ever before have been made subject to CRB checks, and the police seek to hold information forever, this judgment strikes a welcome note of caution and fairness," said legal officer Anna Fairclough.

"Our children are better protected by a rational and balanced scheme than by one that disclosed gossip and rumour without safeguards."

The full judgement is here (pdf). ®

3 Big data security analytics techniques

More from The Register

next story
Lavabit loses contempt of court appeal over protecting Snowden, customers
Judges rule complaints about government power are too little, too late
Don't let no-hire pact suit witnesses call Steve Jobs a bullyboy, plead Apple and Google
'Irrelevant' character evidence should be excluded – lawyers
Record labels sue Pandora over vintage song royalties
Companies want payout on recordings made before 1972
EFF: Feds plan to put 52 MILLION FACES into recognition database
System would identify faces as part of biometrics collection
Edward Snowden on his Putin TV appearance: 'Why all the criticism?'
Denies Q&A cameo was meant to slam US, big-up Russia
Ex-Tony Blair adviser is new top boss at UK spy-hive GCHQ
Robert Hannigan to replace Sir Iain Lobban in the autumn
Judge halts spread of zombie Nortel patents to Texas in Google trial
Epic Rockstar patent war to be waged in California
German space centre endures cyber attack
Chinese code retrieved but NSA hack not ruled out
APPLE FAILS to ditch class action suit over ebook PRICE-FIX fiasco
Do not pass go, do cough (up to) $840m in damages
prev story

Whitepapers

Mainstay ROI - Does application security pay?
In this whitepaper learn how you and your enterprise might benefit from better software security.
Combat fraud and increase customer satisfaction
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Top three mobile application threats
Learn about three of the top mobile application security threats facing businesses today and recommendations on how to mitigate the risk.
3 Big data security analytics techniques
Applying these Big Data security analytics techniques can help you make your business safer by detecting attacks early, before significant damage is done.