Depends what you mean by vetting perhaps.
Whilst I do not see anything wrong with this in principle I think it needs
using only where appropriate. Same old reasonable and proportionate test. I
doubt for example if I could justify it if e.g. 'vetting' a care worker for
suitability to work with children. Would that come within P3 - adequate,
relevant and not excessive ?
Two specific points.
1. If you are going to do it you should tell the applicant - simple fair
processing principle application
2. A good guide might be whether you are asking applicants for a particular
post to disclose this, having again considered P3. If you are not asking
them, where is the justification for checking?
On 12 May 2015 at 19:17, Chris Brogan <[log in to unmask]> wrote:
> As part of a vetting process for prospective employees BS 7858
> 2012 standard recommends that the employer either by them self or through
> an agent check for County Court Judgements (CCJs) and other litigation. It
> normally comes under the heading of an integrity check. I suspect that most
> of your organisations adopt a similar approach to vetting your prospective
> employees.
>
> I have searched high and low for many years for a properly referenced
> paper which addresses the issue of whether litigation against an individual
> puts in question their integrity. I have never found one.
>
> Many years ago Elizabeth France (a former Data Protection Commissioner)
> commissioned Professor Charles Oppenheim of Loughborough University to
> review the various open source databases and registries to assess which of
> these sources were being used for a purpose other than what was intended.
> (2nd Principle).
>
> I seem to recall that Charles reviewed the access to ccjs which were
> recorded for the purpose of companies/individuals granting credit to
> individuals to check the credit worthiness of the individual. I also recall
> seeing a judgement which addressed this issue.
>
> I am hoping that some one can help me with my further research into the
> above issue and in return I will share whatever information I find.
>
> I have no difficulty with checks made by banks and other similar
> organisations checking for CCJs as clearly they need to ensure that a
> prospective employee can manage their own financial affairs. It is the
> question of whether this data can be processed in order to assess a
> person's integrity.
> Incidentally if you apply to be a magistrate they only check (litigation
> wise) to see if you are an un discharged bankrupt.
>
> Many Thanks
> Chris Brogan
>
>
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