30-Oct-2024 | Taha Kisat
Background Checks in the Era of Privacy Laws like GDPR and CCPA
‘With great power comes great responsibility’ is no longer a cliché but an undisputed fact.
The digital world today regards personal data as a valuable asset, and with the increased responsibility of handling this data comes the larger responsibility of protecting it. This is the reason why data privacy laws are getting stringent, detailed, and specific worldwide. European Union’s laws like GDPR (General Data Protection Regulation), or California’s CCPA (California Consumer Privacy Act) are transforming the way businesses handle sensitive, personal, information- critically, when it comes to background checks.
But are these laws creating hindrances for businesses while conducting background checks? Increasingly, how can businesses strike a balance between gathering sensitive information and staying compliant with data privacy regulations?
GDPR and CCPA Essentials and Scope
GDPR
On May 25th, 2018, a European Union-wide regulation bill, GDPR, i.e. General Data Protection Regulation went into effect. It was designed to grant EU residents unprecedented control over how their personal data is dealt with while streamlining regulatory complexities for global businesses. This applied to all the companies dealing with EU residents, local or overseas, regardless of the resident’s citizenship.
GDPR specifies the usage of personal data, ensuring data is solely used for the stated reason on paper. Most importantly, it became mandatory for businesses to take official, documented consent from the person in context before indulging in collecting or using their data. If the purpose changes from what has been stated on paper, organizations must renew the consent. Additionally, it empowered individuals by legalizing the deletion of data when it was no longer needed.
CCPA
Not far behind, the USA’s state-wide, data privacy law CCPA, i.e. The California Consumer Privacy Act was put into effect on January 1, 2020. This law regulated the handling of Californian citizen’s personal information.
The CCPA legalizes the rights of Californian citizens to know what personal information about them has a business collected and how it is being used. Additionally, companies are required to obtain consent from candidates before collecting and using personal data.
Both these laws pioneered empowering individuals in regulating compliance while dealing with background checks.
Consent and Data Collection Legalities for Background Checks
The basic purpose of background checks is to get the right information, that’s why the main requirement of any data privacy law is to get clear, confirmed, informed consent forms before collecting the data. Businesses must let the candidates know exactly what information will be collected, how it will be used and lastly, why it is needed.
The consent mentioned needs to be an explicit one, where background check companies must give the candidates a clear, written, document, not just a check box. It must be an agreement where candidates are fully aware of what will be happening with their personal information.
Moreover, candidates have the right to take back their consent at any given time. This implies that businesses need to ensure that the control of the data is always in the hands of the candidates and be flexible in their collection process.
With the USA and Europe as pioneers, more than 120 countries around the world have established their own data regulatory laws, ensuring the privacy and security regulations that protect residents’ data.
Data Handling with Storage Retention and Disposal Protocols
Collect only the needful
The modern data protection laws guard how companies gather a candidate’s data. Under these rules, organizations are required to minimize the amount of required data, ensuring that they don’t collect every piece of information available to the candidate - sticking to the essentials only.
Imagine a company hiring for a junior-level role and asking for a financial history or credit score. Companies ought to focus on the information that is appropriate to the position in context. Acquiring too much information or inquiring about irrelevant details could result in legal trouble, jeopardizing the company’s image. Instead, stay close to simply what is required to make informed hiring decisions.
Storage and Disposal of Data
What happens once a candidate gets hired, and an informed decision has been made? What becomes of all the personal data? Well, according to GDPR, CCPA, and other data privacy laws, organizations can't hold onto this data forever, it should be securely deleted. Thus, businesses should have clear policies about:
- How long do they plan to keep the personal information?
- What will they do after the information has been used?
What does this imply for background check companies? Well, it simply means that background check companies should have clear, defiant policies on how long will they keep the candidate’s data after the hiring procedure is completed so that there are no legal repercussions for holding data for too long without any reason. Failing to comply with these regulations can lead to substantial fines, such as penalties reaching €20 million under GDPR or up to $7,500 per violation under CCPA. Secondly, when the data is not required, it ‘should’ be securely erased. Prolonging the deletion process may create legal problems for the business and background check companies.
Candidate Rights for Transparency Access and Data Correction
The greatest outcome of data privacy laws is to create autonomy for individuals. These laws legalize an individual's rights over their data, directly impacting the background screening process. At any given point, potential candidates have the right to access their personal information, correct anomalies, or even request the deletion of any information.
Moreover, with globalization, many companies have started to operate globally. This means that businesses might need to import candidate data from one country to another. Under GDPR and similar laws, strict rules govern how personal data can be shared internationally, especially if the receiving country doesn’t have the same level of data protection.
How does this impact businesses? If a candidate wishes to see the data collected about them, organizations have to comply, even to the extent of agreeing to a complete removal if they find any inaccuracy. This means that background screening companies have to develop such machinery and stringent policies that can cater to these changing ideologies.
Additionally, if a company is sharing candidate data with background verification partners in other countries, they need to make sure they’re complying with international data transfer rules. This might mean using legal agreements like Standard Contractual Clauses (SCCs) to ensure that data is protected no matter where it’s sent.
Compliance Best Practices for Privacy-Conscious Background Screening
Creating a balance between background checks and stringent privacy laws like GDPR and CCPA requires a thoughtful approach that prioritizes both compliance and thorough vetting. Here are some best practices for organizations to consider:
- Prioritize Transparency
Communicate to candidates what personal data will be collected and how it will be used. Providing a detailed privacy notice builds trust and ensures individuals are well-informed before they give consent. - Obtain Explicit Consent
Ensure that consent forms are explicit and comprehensive. Candidates should understand exactly what they are agreeing to when providing their personal information, using clear and straightforward language. - Limit Data Collection
Collect only the information necessary for the specific background check. This minimizes the risk of handling excessive personal data and aligns with data minimization principles outlined in GDPR and CCPA. - Establish Clear Retention Policies
Define how long personal data will be retained and ensure compliance with relevant laws regarding data disposal. After the hiring process concludes, securely delete or anonymize data that is no longer needed to avoid potential legal repercussions. - Facilitate Candidate Rights:
Develop systems that allow candidates to easily access, correct, or request the deletion of their personal information. This not only fosters trust but also complies with individual rights granted under GDPR and CCPA.
By implementing these best practices in background checks, organizations can effectively balance the need for thorough background checks to protect candidates’ privacy rights. This proactive approach not only mitigates legal risks but also enhances the overall integrity of the hiring process, fostering a culture of trust and transparency in the workplace.
As businesses navigate this complex landscape, collaborating with a trusted partner can make all the difference. Check Xperts, a leading background check company in Pakistan, understands the nuances of compliance and data privacy. By prioritizing thoroughness and integrity, Check Xperts can support your organization in making informed hiring decisions while respecting every individual’s privacy. Explore how their expertise can help streamline your background checks while adhering to the highest standards of data protection.
F.A.Qs
- How much does a background check usually cost?
A typical background check may cost $10 - $20, depending on the check. If the requirement is for a deeper verification, it might cost more. - What if I run a background check myself?
Running a background check on your own may seem cost-effective but it may miss the critical details and can lead to non-compliance with legal standards like the Fair Credit Reporting Act (FCRA). - Does an expensive background check company mean better results?
Not always. An expensive background check company doesn’t always guarantee better results. What matters the most is that the company is reliable, compliant with legal standards, and can provide accurate, authentic reports tailored to your needs. Check Xperts in Pakistan offers reliable, authentic screening services.
