Employers and the sexual offenders registry balancing the individual and societal interests

Abstract

The Protection of Minors (Registration) Act came into force in 2012, following an international legal trend towards establishing sex offender registries and brought with it a number of legal challenges. The primary challenge which this Term Paper seeks to address, is whether employers who have in their charge minors, ought to be afforded easier access to the registry. The bureaucratic system in place, which must be undergone in order to be granted access to the Registry, does not work towards satisfying the ultimate goal of the act; to protect minors from offenders whom are deemed dangerous. In the process of tackling such an issue, the interests of all actors involved must be taken into consideration, in order to achieve a fair and watertight solution to the problem. Data protection and privacy rights must be considered, whilst also the liability and public’s perception of the employer, all the while keeping in mind the societal interests, primarily, that of protecting minors. Legal reform of the system in place is necessary, however, such reform need not take the shape of a complete overhaul, but may be addressed by means of concise and precise amendments. Such amendments could be made to either the Protection of Minors (Registration) Act itself, or the Conduct Certificates Ordinance.