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You are here: Home / Employee Relations / British Columbia Privacy Commissioner calling for changes to employee criminal record checks

By Marie-Yosie Saint-Cyr, LL.B. Managing Editor | < 1 Minute Read July 26, 2012

British Columbia Privacy Commissioner calling for changes to employee criminal record checks

On July 25, 2012, British Columbia’s Privacy Commissioner Elizabeth Denham published an investigation report recommending changes to the B.C. government’s use of criminal record checks to assess current and future employees.

This report comes after the March 2011 announcement that the Commissioner intended to look into the practice of employment-related record checks because of the disturbing trend that more and more employers require employee background checks to reduce the risk of liability for subsequent actions of employees.

She decided to concentrate on the B.C. government because, 1) it is the province’s largest employer, and, 2) they recently expanded their security screening policy and the number of criminal records checks it requests from current and prospective employees.

The Commissioner found that the current policy of the Government of British Columbia with respect to criminal record checks contravenes the Freedom of Information and Protection of Privacy Act (FIPPA). It fails to achieve the balance required between its business needs as an employer and the privacy rights of employees.

The Commissioner summarized her findings and recommendations as follows:

For more, read my latest post on Slaw.

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Marie-Yosie Saint-Cyr, LL.B. Managing Editor

Managing Editor at First Reference Inc.
Marie-Yosie Saint-Cyr, LL.B., is a trained lawyer called to the Quebec bar in 1988 and is still a member in good standing. She practiced business, employment and labour law until 1999. For over 20 years, Yosie has been the Managing Editor at First Reference. She manages the PolicyPro Human Resources and Internal Controls editions, The Human Resources Advisor editions, PaySource and the HRinfodesk news service as well as the blogs. Marie-Yosie (a.k.a. Yosie) is a recognized and respected author, with an extensive background in human resources, employment and labour across the country.
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Article by Marie-Yosie Saint-Cyr, LL.B. Managing Editor / Employee Relations, Privacy / background checks, British Columbia Privacy Commissioner, criminal records checks, employee criminal record checks, employment law, employment-related record checks, Freedom of Information and Protection of Privacy Act, Reference checks, risk of liability

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About Marie-Yosie Saint-Cyr, LL.B. Managing Editor

Marie-Yosie Saint-Cyr, LL.B., is a trained lawyer called to the Quebec bar in 1988 and is still a member in good standing. She practiced business, employment and labour law until 1999. For over 20 years, Yosie has been the Managing Editor at First Reference. She manages the PolicyPro Human Resources and Internal Controls editions, The Human Resources Advisor editions, PaySource and the HRinfodesk news service as well as the blogs. Marie-Yosie (a.k.a. Yosie) is a recognized and respected author, with an extensive background in human resources, employment and labour across the country.

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