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Old 01.02.2019, 23:29
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Background checks

hello

a friend of mine applied for a job at a private bank and saw that Hire Right, a background check company were on his LinkedIn profile. that is pretty normal, same with all stuff found under the google sun and on social media outlets is going to be checked out.

I had this with Blackrock too, but after I uploaded my CV etc. onto their platform, a popup asked about to check the box to give my permission to them doing a background check.

Now my question: would it be legal in Europe, especially in Switzerland of course, to call my mates current and any ex-employer, university, or any criminal records office to compile data without his consent? because he emailed the CV and resume and did not agree anywhere to it.

I doubt they will do all that before an interview might have happened because it might cost quite some cash to do that for nothing. but is it legal to do it?
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Old 02.02.2019, 01:04
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Re: Background checks

They can call, but other party's are often not allowed to disclose personal info without your consent.
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Old 02.02.2019, 01:09
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Re: Background checks

It is unlikely they would do anything before the interview. On the other hand why waste time considering someone who has refused to give their permission, better to go with people who have nothing to hide.
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Old 02.02.2019, 08:53
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Re: Background checks

My previous company refuses to say anything except to confirm or deny the candidate worked there. They wont give the dates, the duration, titles held, or anything other than yes or no.

Apparently they had been sued a couple of decades ago and the legal team lowered the cone of silence on the HR department. They decided than to refuse to answer was just rude, but limited disclosure to one piece of information that would be in the public domain.

Managers were instructed to forward all direct enquires to HR. No exceptions.
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Old 02.02.2019, 09:30
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Re: Background checks

Calling an ex employer informally is very possible if it was Newco HR themselves. Legality/morality of this is another story and a very fine line depending on how the questions are constructed. If the ex-employer divulges sensitive information it’s likely their fault, not Newco’s.

But Right/First Advantage or any other screening company would almost certainly need a consent form signed by the individual before doing anything. And then I would expect the communication to the ex-employers to be in writing, also attaching a copy of the signed consent form.

Universities and criminal records are another story. In many countries the individual has to directly request this from the institution or approve a 3rd party being sent confirmation directly in written format. Criminal records even more so.
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Old 02.02.2019, 11:47
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Re: Background checks

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Calling an ex employer informally is very possible if it was Newco HR themselves. Legality/morality of this is another story and a very fine line depending on how the questions are constructed. If the ex-employer divulges sensitive information it’s likely their fault, not Newco’s.

But Right/First Advantage or any other screening company would almost certainly need a consent form signed by the individual before doing anything. And then I would expect the communication to the ex-employers to be in writing, also attaching a copy of the signed consent form.

Universities and criminal records are another story. In many countries the individual has to directly request this from the institution or approve a 3rd party being sent confirmation directly in written format. Criminal records even more so.

thanks for the input. that is how i know about the official legal situation.
a) not before interview
b) not before or not without consent. the criminal record eventually without, as it's just the due diligence process but only if interview is likely to happen, candiate is shortlisted.
c) Google, social media just happens

cheers.
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