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> Unauthorised disclosure of convictions or other information
Unauthorised disclosure of convictions or other information
The ROA makes it an offence if:
- an official unlawfully discloses someone else's spent conviction, otherwise than in the course of his or her official duties. The penalty is a maximum fine up to level 4 on the standard scale (currently £2,500).
- any person obtains details of a spent conviction from any official record by means of fraud, dishonesty or a bribe. The penalty is up to six months’ imprisonment and/or a maximum fine up to level 5 on the standard scale (currently £5000).
If someone wrongfully reveals that you have a spent conviction, you can:
- Report the matter to the police and ask that the incident be investigated with a view to prosecution of the person responsible.
- Consider suing the person concerned for defamation.
- Make a formal police complaint.
- Consider a claim for breach of confidence or infringement of your rights under Article 8.
Not all these options will be open to you in all circumstances, and you should seek legal advice about formal court action. Public Funding is not available for defamation actions.
Furthermore, the police and other bodies who hold confidential information are likely to owe duties to the provider of such information, for example a police informer, to take reasonable care to prevent such confidential information being disclosed to the public unintentionally. If the police are negligent in the handling of such confidential information, you may be able to sue them for negligence and claim damages.
