Background Checks and References
Checks collect data from third parties about somebody who cannot see what is being said, which is why they are more constrained than employers assume.
CHECK AUTHORISATION
One per check type, per candidate
- CheckReference, criminal record, credit, qualificationNamed specifically, not background check
- Why this roleWhat it is about the job that requires thisA reason, not a policy
- Legal basisObligation where required, legitimate interests otherwiseCriminal records usually need a specific condition
- WhenAfter offer, conditionallyBefore offer is rarely justifiable
- Candidate toldWhat is checked, with whom, and what happens on an adverse resultBefore the check, not after
- ProviderNamed, as a processor, with a contractIncluding where they sit
- Adverse resultProcess for putting it to the candidateThey must be able to respond before a decision
- RetainedOutcome only, not the full reportThe report itself rarely needs keeping
Checking somebody involves asking third parties about them, acting on what comes back, and frequently deciding against them on the strength of it. Each step has conditions.
The hiring boundary in “Background Checks and References” matters because applicant and workforce records serve different purposes. Where teams assess this workforce software resource for employee monitoring at tech companies, they should keep candidate data outside the monitoring workflow unless a specific, disclosed need and lawful basis have been recorded.
Only what the role requires
A criminal record check is appropriate where the role requires it, which is a narrower set of roles than employers apply it to. Several jurisdictions restrict who may ask and for what.
For a separate benchmark relevant to “Background Checks and References”, consult the ENISA threat-landscape resources. Use it to test purpose, data flow, retention, access and response procedures rather than substituting a generic checklist for the organisation’s actual records.
A credit check for a role with no financial responsibility is collection without a purpose.
The test is what it is about this job that makes this check necessary, and the answer must be about the job rather than about general caution.
Timing
After a conditional offer, as a rule.
Running checks on every shortlisted candidate collects sensitive information about people who will not be hired, with no purpose once they are rejected and a retention problem immediately.
Telling the candidate first
What will be checked, with whom, and what happens if something adverse comes back.
This is not courtesy. In most frameworks the person is entitled to know what is being processed about them, and finding out after a withdrawn offer is the version that produces a complaint.
The adverse result
Somebody must be able to respond before a decision is taken against them.
A check returns something — a record, a poor reference, a discrepancy in dates. It may be wrong, out of date, or about somebody else. Acting on it without putting it to the person is the failing that appears most often in these cases.
Record that it was put to them, what they said, and what was decided.
References, given and taken
A reference is personal data about the subject, held by both organisations.
A candidate can generally request what was said about them, though confidential reference exemptions apply in some places to the giver and not always to the receiver — which means the organisation receiving a reference may have to disclose it even where the giver would not.
Worth knowing before promising confidentiality to a referee, because the promise may not be yours to make.
What to keep
The outcome and the date, not the full report.
A clear check produces a line in a file. Retaining the underlying detail indefinitely holds sensitive data with no remaining purpose.
Putting an adverse result to them
Before any decision. A check may be wrong, out of date, or about somebody else, and acting without putting it to the person is the failing that appears most often in these cases.
What to keep afterwards
The outcome and the date, not the full report. A clear check produces a line in a file; retaining the underlying detail holds sensitive data with no remaining purpose.
Checks belong after the offer
Running them on every shortlisted candidate collects sensitive information about people who will not be hired, with no purpose once they are rejected and a retention problem immediately.
The giver may have a confidentiality exemption; the recipient frequently does not. Which means the subject can obtain from the new employer what the old one would have withheld.
Keeping outcomes, not reports
A clear check produces a line in a file. Retaining the underlying report indefinitely holds sensitive third-party material with no remaining purpose and no basis.