Background checks are important – they help you make informed hiring decisions and avoid bad hires.
While background checks are extremely helpful for human resource professionals, it is important to make sure that you are aware of and understand what information should you be collecting and how should you be handling it.
The first step to compliance is the awareness of laws that govern your industry or sector.
For instance, If your organization is in the public sector, you have to ensure that you are following the guidelines laid down by the Federal Privacy Act and the Freedom of Information and Protection of Privacy Act.
When it comes to the private sector, employee information may not be subject to privacy laws unless you’re operating in an industry that is federally regulated. These industries include banking, telecommunications, and aviation.
In this case, the Personal Information Protection and Electronic Documents Act (PIPEDA) will most likely apply.
The Act states that personal information should be protected and only used for the purposes for which it was collected. Personal information, as defined under the Act, includes any factual or subjective information, recorded or not, about an identifiable individual.
Additionally, if an organization is going to use this information for another purpose, they are required to get consent again.
So, what should you keep in perspective?
The most important thing is consent. You should ensure that you have secured consent from the potential employee before you conduct the background checks.
Additionally, some of the other factors you need to keep into consideration include:
- Only collect the information that you need to make the hiring decision.
- Only use the information for the purpose you have collected it for.
- Put measures in place to safely and securely store personal information.
Also, why is compliance so important?
It is simply because you are exposing your organization to potential risks if you’re not compliant.
If the background screening processes do not comply with federal and regional rules and regulations, Individuals can file privacy complaints or you can even face court action. While there are financial costs associated with dealing with these issues, those are not the only costs that come with non-compliance.
This can impact the overall reputation of the company and create distrust among current employees as well.
Hence, having policies and procedures, in place, to ensure consistency and compliance are absolutely necessary. A few simple steps including awareness of regulations and documenting your company’s processes for requesting, receiving and evaluating background checks, can help in making the best use of background checks.
At Triton Canada, we are compliant with all national privacy and human rights legislation. So, when you work with us for background checks, you can always have peace of mind.
Additionally, we are always there to support you in complying with privacy laws and best practices according to the advice of your legal counsel. To speak to one of our consultants, please call us on 1-844-874-8667 or visit https://www.tritoncanada.ca/business.
The information shared in this article is to provide details on compliance and does not constitute legal advice.