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Post Info TOPIC: IAB Criminal Records Check


Member

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IAB Criminal Records Check


Calling all barrack room lawyers.

I have been a member of IAB for many years. I am retired and so am not in practice or employed.

I recently received a demand from IAB to provide them with a current DBS check at my own expense, I replied telling them if they need one they should apply. I then came over all Victor Meldrew and asked them to justify this demand bearing in mind Data Protection legislation. I just received more demands saying is is now IAB "policy".

Can they expel me for refusing or am I right in demanding justification for providing this data?

Your thoughts please, and no I have nothing to hide, it's just the bloody impertinence!

Charlie



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Master Book-keeper

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Hi Charlie, welcome to the forum.

I've looked on the IAB website and it appears to be in accordance with AML regulations.† Basically it's a check to see if you have a criminal record in relation to fraud, theft or dishonesty, all of which bar you from being an accountancy service provider. (your retirement noted)

Does AML cover come as part of your membership of IAB membership?† My thoughts are that if you want to continue being IAB you will need to follow their rules, just like you would with any other membership.

My AML is with HMRC, and I had to pay £40 for what I assume was a soft DBS check, they did the check themselves though.† DPA doesn't come into it I'm afraid, as it's covered by the neccessary exemption.

PS. IANAL



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John†

†Any advice given is for general guidance and professional advice should be sought applicable to your circumstances.



Forum Moderator & Expert

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Hi Charlie,

its their organisation so they can demand whatever they like and dismiss members on a whim.

Really makes you feel sometimes as though even running your own business you still work for someone else.

You should do it if you want to stay a member. At least the check belongs to you so if you work with any high profile clients you at least have the documentation that they will demand to see already.

all the best,

Shaun.

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Shaun

Responses are not meant as a substitute for professional advice. Answers are intended as outline only the advice of a qualified professional with access to all relevant information should be sought before acting on any response given.



Member

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Date:

Thanks for your replies and I get what you say about AML which is required by active practitioners. which I'm not so I don't have it any longer.
Ledger can you point me in the direction of this DPA exemption please, I might find an angle if I check it out.

Cheers

Charlie


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Master Book-keeper

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Posts: 3736
Date:

CharlieChav wrote:


Ledger can you point me in the direction of this DPA exemption please, I might find an angle if I check it out.

Cheers

Charlie


†Hi Charlie, you can call me John

I was thinking more on the GDPR regulations for contacting data, as in they have a legal obligation to collect data.† Also check the second link referring to criminal offences.

https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/lawful-basis-for-processing/legal-obligation/

https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/lawful-basis-for-processing/criminal-offence-data/



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John†

†Any advice given is for general guidance and professional advice should be sought applicable to your circumstances.



Member

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Posts: 23
Date:

Thanks John,
This seems to cover it perfectly.

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