Suggested Best Practices for Establishing Global Background Check Programs
Companies are realizing that implementing a global HR infrastructure with global talent management capabilities can help them reduce costs, improve operational efficiency, and leverage their talent more effectively on a global basis. Aletheia Consulting Group suggests multinational HR professionals consider the following global background check best practice guidance when initiating international background check programs.
Policy Development
Check to make sure your organization maintains a Global Screening Policy – Growth in legal scrutiny and regulatory control through much of the international community as it relates to personal privacy has put the onus on employers to ensure best practice in international employment screening. That means compliant, consistent, transparent, and effective screening procedures – the natural conclusion to the recruitment and selection process.
Is Safe Harbor Certification Necessary? –Consider (with legal counsel) whether Safe Harbor filing is appropriate. If it is selected, determine who will be responsible for overseeing Safe Harbor filings and compliance responsibilities. Consider what other data privacy filings may also be appropriate if screening may be conducted outside the European Union as the Safe Harbor provisions only apply to the EU and not the rest of the world.
Establish a Screening Policy that addresses the Recruitment and Selection of applicants based on country specific requirements – It is vitally important to establish a global background screening policy followed by country centric policies in addition to your existing U.S. pre-employment screening policy. Country specific guidelines should be established in order to address local cultures, customs, and legal requirements. Ensure that your staff is fully trained with regard to their responsibilities relating to personal privacy guidelines and make sure it’s documented. This will not only assure legal compliance, but also consistency in the background checks conducted on a country basis and provide for sound employment decisions wherever the organization may be hiring from.
Program Development
Assess Human Resource Personal Data – Perform an audit of databases containing HR Data (personnel data). Gather company filings/policies/guidelines regarding personal privacy and security of HR data. Review notices to employees and their representatives. Review how employee access is managed. Review employee complaint processes. Gather any internal controls relating to security maintenance and retention of personal data.
Review existing Employment Applications in relation to applicants for overseas candidates – Ensure that employment application forms do not ask for excessive personal data in relation to local privacy laws.
Require Appropriate Forms of Identification – Each country may require varying forms of identification as well as supporting documentation in order to perform a legitimate validation of identity. Multiple forms of color photo identification may be needed in order to validate the identity of an applicant such as a copy of the applicant’s passport which includes the address page as well as a copy of a utility bill indicating that an applicant actually resided at a particular address in a specific country.
Don’t Assume Anything - Many companies assume that if a candidate has a work visa, that they are clear of any wrong-doing in their home of record country. This is a false sense of security. People can hide the fact that they committed crimes in the past and easily falsify work and educational experience. Performing a complete background check on each candidate provides your organization with the necessary level of due diligence and the confidence that they will have hired a qualified, honest candidate.
Verify Facts on the Resume – Many times, a candidate will state they attended a school or worked for a large corporation in another country because they believe that no one will be able to verify the information. Make sure HR personnel obtain some form of written verification from an applicant for each credential claimed.
International Criminal Records - Prior to requesting a criminal record search from your international provider make sure criminal data from the country is a matter of public information in the host country. Requiring a criminal record on an applicant in a country where criminal records are not considered a matter of public record, or is acquired in contravention with local regulations governing access to data, human rights, or employment legislation could be considered a violation of local privacy law and may be subject to possible criminal prosecution by the U.S. Federal Trade Commission (FTC), U.S. Department of Justice if a U.S. corporation, as well as by host country criminal justice systems.
Background Check Supplier Management
Use a Competent International Background Check Service Provider – More and more U.S. screening companies offer international background check services however it is not only important to make sure that the background check provider you are using is reliable, but it is absolutely essential to confirm the fact that the provider has more than a passing knowledge of the global background check market to include the local laws governing background screening in the countries they intend to provide support to your organization. Make sure the supplier only provides information that is legally permissible to access and can be used for employment purposes from the host country.
Make Sure Your Supplier Maintains Adequate Security of Personal Data – Ensure that your contract with your screening provider is in writing and makes reference to their adherence to local legal provisions as well as security of personal data.
Errors and Omission Coverage – Ensure that the screening provider carries sufficient professional indemnity to cover international data not just data collected and processed within the United States. Screening providers not thoroughly familiar with the necessary insurance coverage required for transborder data may neglect to cover data collected, transferred, and processed internationally.
Ensure the screening provider provides sufficient documentation identifying your organization as an additional insured on their policy as well as require certificate holder status information in your agreement with the screening provider.
Establish Personal Data Retention based on Country business rules – Make sure that both you and your supplier only keep employment application forms, data, and other materials collected during the vetting process (including databases) containing the applicant’s personal information based on country specific data retention periods. Ensure that the supplier does not use the information you give them on a separate inquiry i.e. shared access archives or previously performed background check services.
Related articles
- Germany – Country Background Screening Essentials (internationalscreening.wordpress.com)
- Background Checks in Europe (internationalscreening.wordpress.com)
Criminal records from South Africa should entail a search of the SA Criminal Records Centre (Kriminele Rekord Sentrum). The Criminal Records Centre is operated by the South African Police Services (SAPS).
Aletheia Consulting Group’s managing principal Terry Corley to participate in workshop related to Issues surrounding law enforcement / private sector partnerships in background screening for employment purposes at the 
The last few weeks posts I’ve shared a sampling of Country Background Screening Essentials from Mexico to Japan. My coming posts will cover an overview of subjects such as legal implications of doing overseas criminal record checks, acquiring data based on legal status, transmitting international criminal records overseas, sources of criminal information, methods of data acquisition, commons uses of criminal records from overseas government agencies, and finally a sampling of country reports from the four corners of the globe.
Good Practice Guidance: There is no one specific law governing background screening in Japan, however, various pieces of legislation do cover parts of the screening process. Until recently, employers had the right, under 
Good Practice Guidance: Potential candidates may be required to consent to background checks in Mexico, including requests about their criminal history, consumer credit, and motor vehicle records, as a condition of employment. If consent is not provided, an employer may legally refuse to hire a potentially qualified candidate. An employer must request the background check of an applicant prior to extending an offer of employment. The applicant must then decide if they will consent to undergo the background check process. Employers must be able to demonstrate proof of consent. In order to substantiate valid consent was obtained it must include specific language indicating that the candidate agrees to the background check.
