Balancing Data Protection and Background Checks

We’re seeing more customers consider criminal and other background checks in the placement and employment process. Without a doubt, proportionate and professionally undertaken checks are vital for crew and guest safety.

But - collecting, storing, holding criminal offence data comes with additional data protection obligations so make sure you do it right.

👉 Did you know?

Criminal offence data isn’t just details you'd find in a DBS check. It also includes:

▪️ the absence of a criminal record

▪️ suspicions of or investigation of any potential criminal behaviour

▪️ police cautions

Top tips

1️⃣ Document your “Schedule 1 Condition”, ie what is your justification for obtaining this information? The law has a set list, at least one of which you need to satisfy. If you can’t, your processing is illegal.

2️⃣ Consent is one of the Schedule 1 Conditions, but you’re unlikely to be able to use this in an employment relationship due to the imbalance of power. You also need your normal “lawful basis” for processing. If your lawful basis is Legitimate Interests, you might struggle with your balancing assessment...

3️⃣ You’re likely to need an “Appropriate Policy Document” (this is specific to criminal offence data - your general privacy policies won’t cut it)

4️⃣ You’ll likely need a Data Protection Impact Assessment

5️⃣ Have a policy around retention, deletion and secure storage

6️⃣ Transparency is key: tell individuals if you'll process this information (and when)

7️⃣ Don't get the checks for the sake of it - understand what steps you’ll take if anything surfaces (I’m not delving into policy and ethical decisions around this!)

8️⃣ Understand who is responsible for DP compliance - is it the crew manager, the captain, the employing company?

Fundamentally, you must be able to justify why your actions are necessary, or in other words, your actions must be a reasonable and proportionate way of meeting a specific need.

Always happy chat the data protection stuff through, and if you want to chat proportionate background checks, speak to our partners at Safe Sail. Providing intelligence led background checks, tailored to your needs.

My next post will be about verification (checking something that the individual has told you) and vetting (using other sources). Bet you can't hold the excitement 😂

note: based on the UK GDPR provisions. The ICO has some good resources including a Code on Employment Practices, and some specific guidance on criminal offence data