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Safe recruitment and employment with background checks
Background checks are a key tool to ensure a safe and effective recruitment process in local government. In any public sector organisation, where employees often handle sensitive information or work closely with vulnerable groups, the risk of recruitment error is high. Dishonesty, bias, bribery, and negative publicity are just a few examples of risks that can be avoided through thorough background checks both before and during employment. Properly conducted background checks minimise the risk of legal sanctions and help protect the reputation of the municipality. By implementing systematic background checks, municipalities can ensure that their staff are held to high moral and ethical standards, which are essential to serve and protect the public effectively.
Laws and regulations on background checks for municipalities
In Sweden, there are several laws and regulations that govern how background checks can be conducted, especially in the public sector such as municipalities. These laws exist to protect both the privacy of the individual and the employer’s need for security and safe workplaces. Here are some of the most important laws and regulations to follow when procuring background checks:
- The Personal Data Act (PuL) and the General Data Protection Regulation (GDPR): These laws regulate how personal data may be processed. The GDPR, which replaced the Swedish PuL in May 2018, sets higher standards for transparency and data protection. Organisations must ensure that personal data is processed lawfully, fairly and transparently. This means that municipalities must inform individuals about what data is collected, why it is collected, and how long it will be stored.
- The Discrimination Act: This law prohibits discrimination in employment and recruitment processes on the grounds of gender, ethnicity, religion or belief, disability, sexual orientation, age or transgender identity or expression. It is therefore important that background checks are not used in a way that could be considered discriminatory.
- The Police Records Act: This law regulates access to police criminal records. In some cases, employers can request an extract from the criminal record, but this is strictly regulated. For positions that involve direct and regular contact with children, obtaining an extract from the criminal record is mandated by law.
- Public Access and Secrecy Act: This law protects the privacy of individuals by regulating what information is public and what is confidential. It is important that municipalities follow these rules when handling personal data during the recruitment process.
- Law on Protection against Accidents (LSO): Requires certain positions in, for example, the emergency services to undergo safety assessments to ensure that those hired can perform their duties safely.
These laws and regulations help ensure that background checks are conducted fairly and lawfully, while protecting individual privacy and public safety. Municipalities must carefully follow these guidelines to avoid legal problems and to maintain public trust.
Pre-employment background checks
Conducting pre-employment background checks is an effective way to prevent future problems in the workplace. Checks can include everything from identity verification and verification of previous employment to education verification and criminal record checks. For example, for positions that require managing the municipality’s finances, it is important to carry out a credit check on potential employees. These measures are necessary to ensure the right person is hired and to protect the reputation of the municipality and reduce employee-related risks.
When carrying out background checks, local authorities should ensure that the scope and depth of the check is appropriate to the specific position to be filled. This principle of proportionality is crucial to balance the need for security and privacy with the applicant’s right to privacy. It means the following for municipalities:
- Relevance and necessity: Background checks should only include the collection and review of information that is directly relevant and necessary for the specific position. For example, a finance officer may need to undergo a credit check due to the financial responsibilities of the role, but it may not be necessary for a position where the employee does not manage financial resources.
- Fair assessment: Local authorities should ensure that background checks are not used in a way that leads to unfair discrimination or contravenes the Discrimination Act. This means that the same type of check should be applied in the same way to all candidates considered for the same type of position.
- Confidentiality and data protection: Under the GDPR and other data protection laws, personal data collected during background checks must be handled confidentially and securely. Municipalities must inform candidates what information is collected, why it is collected, who has access to it and how it will be used.
- Legal basis: Municipalities must ensure that all background checks are conducted within the framework of applicable legislation. This includes having a legal basis for requesting and using data from police records or other databases.
- Follow up and update: For roles where there is an ongoing risk or where responsibilities within the role have changed, it may be necessary to carry out background checks at regular intervals. Again, this should be done proportionately, considering both the role’s nature and the potential risks associated with it.
By following these principles, municipalities can effectively protect both their interests and the individual rights of the people they consider for employment. This creates a more transparent and fair recruitment process, which helps maintain high standards of public administration and services.
To ensure that municipalities carry out adequate and proportionate background checks, we at Validata propose different check profiles depending on the nature of the position and the level of responsibility:
- Background Check Light: Suitable for less sensitive positions within the municipality.
- Background Check Basic: Suitable for positions requiring more extensive financial transparency, including a credit check, as well as a reference officer.
- Background Check Complete: Recommended for high-security positions where extensive background checks are required to maintain workplace security.
Background checks during employment
Sometimes it can be important to regularly update and review employees’ backgrounds, especially in roles where they may be exposed to new risks or where new information may come to light that affects their ability to perform their duties. This also applies if a person moves on to another, more advanced role within the municipality. In order to carry out a background check on existing employees, there must be a clear and legitimate purpose for the check and you as an employer must be transparent about how and why the background check will be carried out.
Enhanced background checks the solution to increased financial crime
The number of financial crime reports increased by 20% in 2023, and organised criminals often use companies and businesses in the welfare sector to commit financial crime. With the rise in financial crime, it is therefore more urgent than ever that municipalities keep their background checks up to date. By conducting an enhanced background check, you can be sure that the person you are hiring is who they say they are, or uncover aspects that were not apparent at the time of hiring – such as recent financial problems or legal issues that may affect a person’s capacity to work. This is particularly important for roles that handle financial or sensitive information.
Recommended checks that should be done on employees on an ongoing basis
- PEP and sanctions lists: PEP stands for “Politically Exposed Person”. Due to their public function, they have a higher risk of being involved in corruption, money laundering and other financial crime. PEP and sanctions lists should be checked at least every three years to identify any risks that may have arisen after the employee took up their position.
- Credit check: Should be done regularly, every two or three years, to ensure that financial roles are managed by individuals without financial risks. A credit check provides insight into how an individual manages their own finances, which can indicate their suitability to manage council assets.
- Criminal record check: Only shows convictions and offences and should be checked on an ongoing basis to ensure that no recently convicted individuals hold sensitive positions.
Validata handles sensitive information according to the GDPR – Run background checks on your employees today
Conducting background checks is an important part of the recruitment process within local government, not only to ensure the right skills and integrity of employees but also to maintain legal and ethical standards. At Validata, we understand the importance of handling personal data with the utmost care and respect. Our background checks fulfil all the stringent requirements of the GDPR, ensuring that all handling of personal data is done in a secure and lawful manner.
Through our services, we provide a complete background check solution that not only strengthens your recruitment process but also protects your organisation’s reputation. We offer customised checks tailored to your needs and the specific requirements of your municipality, whether it is for an initial hire or ongoing checks throughout the employment process.
Background checks give you the opportunity to prevent risks, reduce costs associated with recruitment errors and create a safe and reliable working environment for all employees, while making your municipality safer for all its residents.
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