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The impact of the GDPR on background screening in the UK
Journal of Data Protection & Privacy,
1
(4),
373-383
(2018)
Abstract
This paper seeks to focus on the practical implications of General Data Protection Regulation (GDPR) compliance for employers who conduct pre-employment vetting. While it is primarily focused on the employer, it does also give mention to the vetting companies themselves. The focus is on the main areas of impact of the GDPR and is not an exhaustive analysis of the topic. These include: (1) lawful basis for processing; (2) the use of criminal record checks; (3) contracts and legal obligations of employers; (4) data subject (candidate) rights; and (5) data retention. Particular focus is given to material changes from the existing Data Protection Directive to GDPR and how employers and vetting companies may need to adapt their existing processes and procedures to maintain compliance.
Keywords: General Data Protection Regulation (GDPR); vetting; screening; employers; criminal; consent
The full article is available to subscribers to the journal.
Author's Biography
Emma Butler has over 12 years’ experience in data protection and is currently the data protection officer (DPO) for Yoti, a digital identity platform that makes it quicker, easier and safer for individuals and organisations to verify who people are, online and in person. Previously she spent four years as part of the privacy team at RELX Group, and acted specifically as the DPO for LexisNexis Legal and LexisNexis Risk UK businesses. Emma started her data protection career at the Information Commissioner’s Office (ICO) where she spent seven years leading the international policy team and worked with other regulators and the Article 29 Working Party, as well as advising businesses and government entities on UK, EU and international privacy legislation. She has a degree in French, Italian and linguistics, an LLM in information rights law and practice, an Information Systems Examination Board (ISEB) data protection certificate, Certified Information Privacy Professional/Europe (CIPP/E) and Certified Information Privacy Manager (CIPP/M) and is also an International Association of Privacy Professionals (IAPP) Fellow in Information Privacy.
Kerstin Bagus supports ClearStar’s global screening programme as its Director of Global Initiatives where she focuses on data protection and product support. ClearStar is a global provider of technology, data and consulting to screening companies. Kerstin has more than 30 years’ screening industry experience, working for a variety of firms, large and small. During this time, she has been involved in many aspects of screening including sales, customer service, product management, compliance and vendor management. Kerstin is one of the few individuals in the screening industry who is privacy certified through the International Association of Privacy Professionals (IAPP) for Canada, the EU and US. Kerstin is a passionate participant in the National Association of Professional Background Screeners (NAPBS), servicing several committees and is a former member of the board. She also participates on the International Forum for Drugs and Alcohol Testing’s (IFDAT) Legal Committee, with a primary focus on global data privacy.
Andy Hellman has been in the pre-employment vetting industry for over 15 years, currently as the Managing Director, Global and Strategic Initiatives for ClearStar, Inc. Prior roles include positions with First Advantage, LexisNexis Screening Solutions and ChoicePoint. These prior positions include leading the global vetting business with customers operating in over 100 different countries, managing large global customer accounts and running operations across the Americas, Europe, Middle East and Africa (EMEA) and Asia Pacific (APAC) regions. Andy has a BA in international economics and leadership studies from the University of Richmond and an MBA in finance and entrepreneurship from the University of Washington. He also holds International Association of Privacy Professionals (IAPP) certifications in CIPP/E and CIPP/M and is also an IAPP Fellow in Information Privacy. Andy has previously held a board position for the European Chapter of the National Association of Professional Background Screeners (NAPBS).
