The Right To Be Forgotten

You! Stop right there! You’re being arrested; you do not have to say anything but it may harm your entire life if, when questioned in front of a news reporter, you mention or do something that may dampen your public image, and anything you do say or do will be held against you on public-accessible records for the rest of your life.
In this new technology age, we perhaps consider the impact of digital journalism far more than we did even just 10 years ago, so it’s no surprise that for some, one of their biggest anxieties upon arrest is the digital scars this will leave on their public profile. Newspapers, journalists, and reporters might name you from as soon as you’re arrested; so before you’re even proven guilty. This record of you can then circulate indefinitely.
However, this is countered by a stipulation in the GDPR Policy called The Right To Be Forgotten (Or The Right To Erasure). The rules are open for some interpretation, but as a general rule of thumb; when you have spent your conviction, you have the right to legally request search engines to remove online search results of your arrest, conviction or court sentence when someone Googles your name. This is because it is no longer knowledge of the benefit of the public’s interest, so it becomes irrelevant. Removing the search results does not remove them from the individual website that it was published on, but it does mean that if a future employer were to do their own background search on you, they wouldn’t find any skeletons. And they shouldn’t be allowed to.
When you’re convicted of a crime, you’re given a period of time, spanning between months and years, wherein you have what’s known as an “unspent” criminal conviction or a “rehabilitation period”. The length is determined based on the nature of your crime and whether or not you’re under 18. This is, however, increased if you go to prison for your crime, and your unspent conviction will only start once you leave prison. Once this period of time is up, your conviction is then known as “spent”. The most severe crimes never get spent though, such as murder. So how does that affect you? Well, when your sentence is unspent, you are legally required to disclose information of your conviction with employers, insurers and housing personnel when asked about it, and unfortunately it may affect the outcome. When your sentence is spent, you no longer have to disclose this information, however it will still appear if they do an Advanced DBS check. If they do a Basic DBS, it will not. If it’s not legally required to provide information of spent criminal convictions, it should not be provided by an underhand Google search either.
Many still question the way in which DBS functions; should it be fair that a petty crime you committed years, decades even, ago, still show up on your record? Fairchecks believe this is unjust and are campaigning for the government to completely rewrite the DBS system so that it no longer picks up certain past convictions if they are long spent and/or fairly inconsequential. Their campaign encourages people to contact their local MP’s about it.
There is hope for persons wishing to turn their lives around after being convicted. This is thanks to the Ban The Box movement, in which employers sign up to remove the tick box that asks about criminal convictions from the application form. www.Bitc.org.uk have a full list of employers who have signed up. The purpose of the movement is to remove the prejudice against persons who have had convictions and give them a fairer chance at getting the job.
The only way people can reform and get back their lives is if the world gives them a chance. They can’t do it if they’re up to their eyeballs in over-priced insurance and can’t get a job because of a few bad life choices. The world is still grossly unfair for persons who have entered the criminal justice system, but we are very hopeful that with the help of movements such as Ban the Box, Fairchecks, The Right To Be Forgotten & Unlock we are moving in the right direction.
You can read more about the movements here:
Unlock- https://www.unlock.org.uk/projects/employment-discrimination/ban-the-box/
The Right To Be Forgotten- https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/right-to-erasure/
Fairchecks- https://www.fairchecks.org.uk/
Hope| Motivation |
Action | Change









