(1) It is an offence for a person ("P1") to require another person to provide P1 with, or give P1 access to, a relevant record in connection with -
(a) the recruitment of an employee by P1,
(b) the continued employment of a person by P1, or
(c) a contract for the provision of services to P1.
(2) It is an offence for a person ("P2") to require another person to provide P2 with, or give P2 access to, a relevant record if -
(a) P2 is involved in the provision of goods, facilities or services to the public or a section of the public, and
(b) the requirement is a condition of providing or offering to provide goods, facilities or services to the other person or to a third party.
(3) It is a defence for a person charged with an offence under subsection (1) or (2) to prove that imposing the requirement -
(a) was required or authorised by an enactment, by a rule of law or by the order of a court or tribunal, or
(b) in the particular circumstances, was justified as being in the public interest.
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