United Kingdom flag

United Kingdom

UK Data Privacy, DBS Checks & Your Rights

By Recording Law Editorial Team6 min read
UK Data Privacy, DBS Checks & Your Rights

Frequently Asked Questions

Is data protection law the same across the UK?

Yes. The UK GDPR and the Data Protection Act 2018 are reserved, UK-wide law regulated by the ICO, so your data-protection rights are the same in England, Wales, Scotland and Northern Ireland. What differs by nation is criminal-record disclosure, which uses three separate systems.

What is the difference between a DBS check, Disclosure Scotland and AccessNI?

They are the three UK criminal-record-check systems. The DBS covers England and Wales, Disclosure Scotland (with the PVG scheme) covers Scotland, and AccessNI covers Northern Ireland. They have different levels, fees and rules, and a certificate from one is not automatically accepted in another.

How do I get a copy of the data a company holds about me?

Make a subject access request under Article 15 of the UK GDPR. It is free in most cases and the organisation must respond within one month. You can send a simple letter or use our free subject access request generator, and complain to the ICO if they refuse or ignore you.

Can I claim compensation for a data breach in the UK?

You can claim through the courts for financial loss or distress caused by a breach of data-protection law, but not from the ICO. Following Lloyd v Google, there is no automatic payout for mere loss of control of data, so genuine claims need evidence of real damage or distress.

Is it illegal to record someone in the UK?

There is no general law against recording your own conversations or calls for personal use, even without the other person's consent. It can become unlawful if you share or process other people's data in breach of the UK GDPR, if it is done in a workplace without notice, or if it amounts to harassment.

Sources and References

  1. ICO: Guide to the UK GDPR(ico.org.uk).gov
  2. GOV.UK: Disclosure and Barring Service (DBS) checks(gov.uk).gov
  3. mygov.scot: Disclosure Scotland and the levels of disclosure(mygov.scot).gov
  4. nidirect: Types of AccessNI check(nidirect.gov.uk).gov
  5. legislation.gov.uk: Data (Use and Access) Act 2025(legislation.gov.uk).gov
  6. ICO: Your right of access (subject access requests)(ico.org.uk).gov
Share: