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The impact of the GDPR on background screening in the UK

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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.
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Keywords: General Data Protection Regulation (GDPR); consent; criminal; employers; screening; vetting

Document Type: Research Article

Publication date: February 1, 2018

More about this publication?
  • Journal of Data Protection & Privacy publishes in-depth, peer-reviewed articles, case studies and applied research on all aspects of data protection, information security and privacy issues across the European Union and other jurisdictions, in the wake of the new EU General Data Protection Regulation (GDPR) and the biggest change in data protection and privacy for two decades.
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