Identity checks completed by Disclosure Scotland: FOI release

Information requested

Information on identity checks completed by Disclosure Scotland.

Response

1. When an application is made for a criminal records check, does Disclosure Scotland undertake background checks to see if the applicant has changed their name in the past?

Disclosure application forms include a question about previous names. If the applicant has ever been known by a previous name(s) they should include details of the name or names on the form. Disclosure Scotland also requires the applicant to provide their mother’s maiden name as part of the application process.

Applications for higher level disclosures (standard disclosure, enhanced disclosure and PVG scheme records) may only be made by persons and organisations registered with Disclosure Scotland. Prior to submission of an application, the registered person/countersignatory must verify the applicant’s identity and sign a declaration to confirm that they have done this.

The annex to Disclosure Scotland’s Code of Practice sets out guidelines that recruiting organisations should follow in relation to verification of an applicant’s identity.

During the application process for a basic disclosure, TransUnion (Disclosure Scotland’s partner agency) verify the applicant’s identity. If TransUnion is not able to verify the applicant’s identity, the applicant is required to provide Disclosure Scotland with copies of their identity documents for verification. These should confirm their full name, date of birth and current address.

Disclosure Scotland use the information supplied and verified during the application process to carry out the criminal record checks.

1. Does Disclosure Scotland only rely upon the information provided by the applicant with regard to their identity?

Disclosure Scotland may approach the countersignatory to request copies of the identification they have seen in relation to an application, but that is done on a case by case basis.

Disclosure Scotland also has the power to obtain information from various other organisations for the purposes of verifying identity. Further details about this are provided below in the answer to question 3.

1. With which other organisations does Disclosure Scotland liaise to confirm identity and how does that occur - is it using an algorithm for example or manual spot checks of individual applicants?

The Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 provide that for the purposes of verifying an applicant’s identity Disclosure Scotland may obtain information from other data holders . These are –
2. the Identity and Passport Service;
3. the Driver and Vehicle Licensing Agency;
4. Driver and Vehicle Licensing Northern Ireland;
5. Ministers of the Crown in connection with keeping records of national insurance numbers (this is HMRC);
6. the General Register Office for Scotland;
7. the UK Border Agency (now the Home Office); and
8. such other persons as is prescribed.

On a case by case basis, Disclosure Scotland does approach some of these agencies to assist where there is doubt about the identity details provided by an individual.

1. Does Disclosure Scotland liaise with police or the Home Office in relation to name changes and/or to confirm identity?

Disclosure Scotland has the power to obtain information from the Home Office for the purpose of verifying an applicant’s identity. Please see answer to question 3 above.

1. Does Disclosure Scotland liaise with HM Passport Office in relation to name changes?

Disclosure Scotland has the power to obtain information from HM Passport Office for the purpose of verifying an applicant’s identity. Please see answer to question 3 above.

2. Does Disclosure Scotland liaise with HMRC to confirm identity?

Disclosure Scotland has the power to obtain information from HMRC for the purpose of verifying an applicant’s identity. Please see answer to question 3 above.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.