GDPR Impact on Background Screening in the UK

At ClearStar, our team works to keep you informed on the latest developments in the background screening industry and how they can affect the way we all do business. We’re also big on collaboration. Recently, Andy Hellman, our Managing Director of International & Strategic Initiatives and Kerstin Bagus, our Director of Global Initiatives partnered with Emma Butler, Data Protection Officer for Yoti, to write The Impact of the GDPR on Background Screening in the UK, which was published in the Journal of Data Protection & Privacy.

What made this effort especially satisfying was being able to draw from Emma’s extensive experience (over 12 years) in data protection. A portion of that time was spent with the Information Commissioner’s Office (IC), which is the chief privacy regulator in the UK.

The paper itself focuses on the implication of General Data Protection Regulation (GDPR) compliance on employers who conduct pre-employment background screening, a topic which is rarely discussed. GDPR analysis tends to be limited to providers such as Facebook and Google. The unique perspective within the paper offers practical guidance, primarily focused on end users such as hiring companies but also addresses the issues that screening companies face.

Although the paper isn’t an exhaustive analysis of the topic, it does touch on the following areas:

• Lawful basis for processing

• The use of criminal record checks

• Contracts and legal obligations of employers

• Data subject (candidate) rights

• Data retention

We’re excited to share our work with you. To download The Impact of the GDPR on Background Screening, click here.

At ClearStar, we are committed to your success. An important part of your employment screening program involves compliance with various laws and regulations, which is why we are providing information regarding screening requirements in certain countries, region, etc. While we are happy to provide you with this information, it is your responsibility to comply with applicable laws and to understand how such information pertains to your employment screening program. The foregoing information is not offered as legal advice but is instead offered for informational purposes. ClearStar is not a law firm and does not offer legal advice and this communication does not form an attorney client relationship. The foregoing information is therefore not intended as a substitute for the legal advice of a lawyer knowledgeable of the user’s individual circumstances or to provide legal advice. ClearStar makes no assurances regarding the accuracy, completeness, or utility of the information contained in this publication. Legislative, regulatory and case law developments regularly impact on general research and this area is evolving rapidly. ClearStar expressly disclaim any warranties or responsibility or damages associated with or arising out of the information provided herein.