Policy for disclosures and disclosure information data
The Licensing Partnership comprises of the following Local Authorities, Maidstone Borough Council, Sevenoaks District Council, Tunbridge Wells Borough Council and London Borough of Bexley.
As an organisation using the Disclosure and Barring Service (DBS) to help assess the suitability of applicants for positions of trust, The Licensing Partnership complies fully with the code of practice regarding the correct handling, use, storage, retention and disposal of disclosures and disclosure information.
It also complies fully with its obligations under the General Data Protection Regulation (GDPR), Data Protection Act 2018 and other relevant legislation pertaining to the safe handling, use, storage, retention and disposal of disclosure information. Each authority within the Licensing Partnership has a written policy on these matters, which is available to those who wish to see it on request.
Storage and access
Disclosure information should be kept securely, in lockable, non-portable, storage containers with access strictly controlled and limited to those who are entitled to see it as part of their duties.
In accordance with section 124 of the Police Act 1997, disclosure information is only passed to those who are authorised to receive it in the course of their duties. We maintain a record of all those to whom disclosures or disclosure information has been revealed and it is a criminal offence to pass this information to anyone who is not entitled to receive it.
Disclosure information is only used for the specific purpose for which it was requested. The processing of disclosure information by the Licensing Partnership is necessary for carrying out a public function set out in law, that is provision of taxi and private hire vehicle licences under the Town Police Clauses Act 1847, the Local Government (Miscellaneous Provisions) Act 1976 and the Licensing Act (2003).
Once a decision has been made, we do not keep disclosure information for any longer than is necessary. This retention will allow for the consideration and resolution of any disputes or complaints, or be for the purpose of completing safeguarding audits.
Throughout this time, the usual conditions regarding the safe storage and strictly controlled access will prevail.
Once the retention period has elapsed, we will ensure that any DBS disclosure information is immediately destroyed by secure means, for example by shredding, pulping or burning. While awaiting destruction, disclosure information will not be kept in any insecure receptacle (example waste bin or confidential waste sack).
We will not keep any photocopy or other image of the disclosure or any copy or representation of the contents of a disclosure. However, not withstanding the above, we may keep a record of the date of issue of a disclosure, the name of the subject, the type of disclosure requested, and the position for which the disclosure was requested, the unique reference number of the disclosure and the details of the decision taken.
Acting as an umbrella body
Before acting as an umbrella body (an umbrella body being a registered body which countersigns applications and receives disclosure information on behalf of other employers or recruiting organisations), we will take all reasonable steps to satisfy ourselves that an organisation will handle, use, store, retain and dispose of disclosure information in full compliance with the code of practice and in full accordance with this policy.