Labor & Employment Law

Employee Privacy and Background Checks

By Michael Fitzgibbon

Human Resources 101 reports that the Alberta Privacy Commissioner Rules on Reference Check.  The complaint in In order P2006-006 and P2006-007 was as follows:

The Complainant complained to the Commissioner that a former employer had disclosed her personal information to a prospective employer in contravention of the Personal Information Protection Act (PIPA) during a reference check and that the prospective employer had collected this information in contravention of PIPA. She also complained that the former employer had not responded to her request for her personal information.

The Commissioner found that the former employer had not met its duties under PIPA and, significantly, that:

The Commissioner found that the definition of ?personal employee information? in PIPA applies not only to the personal employee information of individuals who are employees or potential employees of an organization, but former employees of an organization as well. The Commissioner found that the former employer and the prospective employer had complied with PIPA in relation to information disclosed during the reference check.

Leaving aside this important decision for Alberta employers and, possibly, those others subject to privacy legislation, there are a great many things that can go awry during the background check process. 

I'll leave you with a few questions:

1. Does your organization conduct background checks?  If not, have you investigated the consequences of failing to do so?  If so, are you certain that you're doing it right?
2. Assuming that you're doing the background checks "right", and have appropriate consents and other protections for the organization and individuals in place, what information are you asking for? 
3. If you're the receiver of a request for information by a prospective employer, what information are you providing?
4. If you're using a third party organization to conduct the background checks on your behalf, what agreements do you have in place with the organization? 

This is an opportunity to look at your policies and procedures at this important, though often understated, step in the hiring process. 

Full post as published by Thoughts from a Management Lawyer on January 13, 2008 (boomark / email).