Background checks: request for consent to release information

background checks

Background checks: request for consent to release information

consent letter

Has your company requested the candidates’ consent prior to the pre-employment background checks? In Indonesia, the protection of personal data is governed by The Minister of Communication and Information Technology Regulation No. 20 of 2016 concerning The Protection of Personal Data (PPD). This regulation presents another challenge for recruitment teams when screening potential employees. The protection of personal data is currently very strict in several industries, such as health, finance, taxes, and other industrial sectors. 

Legal framework for background checks in Indonesia

The scope of PPD includes the protection of acquisition, collection, processing, analyzing, storing, displaying, announcing, sending, disseminating, and destroying personal data as stipulated in Article 2, Paragraph (1). Therefore, in order to legally collect and verify a candidate’s data during the screening, the company must obtain the candidate’s consent. 

This requirement is specifically stated in Article 6, where companies are obliged to provide consent forms in Indonesia. The consent form needs to be signed by the candidate prior to the pre-employment background checks. In the letter, the company and/or designated screening vendor must convey that they have been authorized to verify the information contained in the job application letter. Data that will be obtained is used for the purpose of recruitment only. The points that will be verified are indicated in the approval letter, which usually includes records of employment, performance, salary, competency, and behavior. 

Ensuring compliance with the regulations

The validity period of the letter should also be stated. Although it has not been specifically regulated, some companies practice a validity period of three to six months effective from the day the letter was signed by the candidate. 

The designated parties, in this case, the company and/or the screening vendor, are responsible for storing, maintaining, and protecting the information contained therein. The data storage period depends on company regulations. However, if the company does not have specific regulations, then the period of data storage can be referred to Article 15, Paragraph 3(b), which states a minimum of five years.

Choosing a reputable screening vendor is crucial for ensuring the accuracy and reliability of the background check process. Vendors should be well-versed in Indonesian regulations and have a proven track record of compliance and thoroughness. Take the next step in securing your company’s future by partnering with a trusted screening vendor. Contact us today!

 

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