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Criminal background check

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Guest user Created:   Dec 25, 2018 Last commented:   Dec 25, 2018

Criminal background check

My employer has recently conducted a criminal background check on me and they found a court decision from several years ago. They sent this court decision to their head office (the founder of our company) abroad. I wonder if they breached my rights regarding personal data?
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EU GDPR DOCUMENTATION TOOLKIT

Step-by-step implementation for smaller companies.

EU GDPR DOCUMENTATION TOOLKIT

Step-by-step implementation for smaller companies.

Expert
Andrei Hanganu Dec 25, 2018

Answer:

If you or the company are in one of the EU Member States then the EU GDPR is applicable. This means that the company would need a legal ground to conduct the background check. Because, usually background checks reveal sensitive or criminal conviction data, the most common legal ground used in this type of situations is consent. So the hiring company should have asked for your consent before performing the background check. Moreover, they should have also explained to you via a privacy notice why the background check is needed, what data they would be processing about you, how long they would keep it as well as what are your rights as regards to your data. If the company hasn't done so, then they have indeed breached the provisions of the EU GDPR.
If you wa nt to find out more about consent, check out this article: Four main questions for obtaining and managing data subjects’ consent under GDPR (https://advisera.com/eugdpracademy/knowledgebase/four-main-questions-for-obtaining-and-managing-data-subjects-consent-under-gdpr/).

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Dec 25, 2018

Dec 25, 2018

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