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International Approach to Pre-Employment Screening Chuck Papageorgiou Chairman and CEO International Screening Solutions, Inc 2010 NAPBS August Webinar
International Approach to
Pre-Employment Screening
Chuck Papageorgiou
Chairman and CEO
International Screening Solutions, Inc
2010 NAPBS August Webinar
www.intlscreening.com – SHRM Presentation
International Screening Solutions, Inc.
• Wholesale Provider to many large players• International Background Screening Services (IBSS)
• Data Privacy and Compliance Consulting
• Founded by long term industry insiders– Chuck Papageorgiou – Chairman/CEO
– Terry Corley – President/CCO
• Privately Owned– Founders and Key Managers
• Growing at 100% rate for the last three years
• Member of NAPBS• Chairing two subcommittees in International Standards
www.intlscreening.com – SHRM Presentation
Challenges in Employment Screening
• Inconsistency in screening processes– Myth/Hype vs Reality and Legality
– Automated vs Manual
– Multiple approaches
• Push back from multiple sources– Local Hiring Managers
– Legal Department
– Candidates
• Fear of losing top talent– Cultural Aversion
– Lengthy screening process
• High Cost long Turn-Around Times (TAT)
• Changing employment and privacy laws
• US Domiciled hire in US (Exec/Gen Labor)
– Born - United Kingdom - UK Citizen/US Res
– University Degree - UK and US
– Worked for two MNC
– Australia (7) - New Zealand (2)
– Lived in two countries
• US Expat hire United Arab Emirates (Engineer)
– Born in US - US Citizen
– University Degrees - US
– Worked in same MNC
– US - Belgium - Saudi Arabia
– Lived in three countries
• Foreign National Expat Hire (PM)
– Born – Germany – German Citizen
– University Degrees – Germany
– Worked for three MNC
– Austria (3) - Italy (4)
– Lived in 3 countries
• Local National Hire in India (Software Developer)
– Born – India – Indian National
– University Degree – India
– Worked for 3 India based companies
– Lived in one country
Today’s International Candidate
European Environment
Aug 2010: New Law to Stop Companies from Checking Facebook Pages in Germany
UK - ICO uncovers secret construction worker database
Builder blacklist in clear violation of Data Protection Act
June 2010: German Regulator Calls for Termination of U.S. Safe Harbor
New Law On Personal Data Protection In Ukraine - the Law prohibits disseminating personal data for any purpose other than for purpose of the original collection of such data.
Latin American Environment
Mexico: (July 6, 2010) New Mexican Data Protection Law: Strict Requirements and Severe Penalties
Parana State Court, Brazil: Judge orders Google to set up a filter to randomize results with the plaintiff's name, enabling variety of news
Starting in January 2010, new law in Chile guarantees the right to modify and delete non-updated and/or wrong personal information by personal data subjects, for free.
•Chilean Supreme Decree (executive decision) 950, 1928, guarantees a virtual monopoly to the Chamber of Commerce of Santiago (CCS) for processing personal data related to credit reports. However, by the ‘90s, there are three other main companies providing credit reports in the country, two of them were American.
Asian Pacific Environment
Cross-border information flows between economies around the Pacific Rim are dramatically increasing in volume as IT businesses globalize their information processing services via the Internet.
April 2010, Malaysia stands up Personal Data Protection Commission
April 2010, the Legislative Yuan of Taiwan passed the Personal Data Protection Act (the Act), amending and renaming the Computer-Processed Data Protection Act (the CPDPA).
2009: Recent decisions of the People´s Republic Of China courts helping to clarify the circumstances in which civil liability may arise under existing defamation rules when personal data is disclosed without authorization.
www.intlscreening.com – SHRM Presentation
Strategy for Success
• Define business principles– Why, What, How
– Who, When, Where,
• Establish Boundaries– Priority – Authority – Responsibility
• Establish general guidelines– Templates
• Protect the corporation– PII strategies
• Protect your employees– Data Privacy strategies
• Be Flexible– Focus on objectives rather than specific means
www.intlscreening.com – SHRM Presentation
Defined Business Principles
• Why – What – How• Clear reasons/Policy on why screening is relevant
• Identification, criminal, verifications, sanction lists, media, references, drug tests, assessments, medical
• “Check the box” vs “Proof Positive”
• In-house – SPOC – Ad Hoc by Geography – PI
– Who – When – Where• Labor demographics by country
• Types of positions, geography, contingent workforce, expatriate, local nationals
• Application - Pre-offer – Contingent post-offer
• Country of Domicile – Country of employment
www.intlscreening.com – SHRM Presentation
Clear boundaries
• Priority
– Level/Position vs Timing vs Volume
• Authority
– HR vs Legal vs Security
– Local vs Corporate Manager
• Responsibility
– HR vs Legal vs Security
– Work Councils/Trade Unions
www.intlscreening.com – SHRM Presentation
General Guidelines
– Develop Global Template• Document relevant local legal provisions
– General, personal, workplace, privacy, human rights, consumer reporting and other local employment provisions
– Document data sources, methodology, local rules & customs associated with each background component
– Source of criminal & civil data
– Quality of the data
– Permissible uses within local employment context
2009 NAPBS June Webinar
Sample Global Template
Jurisdiction General Statute
Legal and Privacy Requirements
Permissible Screening
Components
Specific Forms Required
Threshold for Screening
Components
Compliance Standards
Australia
Argentina
Belgium
Brazil
Canada
Columbia
France
Germany
Italy
Japan
Mexico
Spain
Switzerland
Turkey
United
Kingdom
www.intlscreening.com – SHRM Presentation
Protect the Corporation
– Know your vendors• Size, Web Presence or NAPBS membership is NOT enough
– Protect Personal Identification Information• Create inventory of current employee PII data uses
– Establish Collection/Transfer/Retention Policies• Employment application forms
– From whom/what is data collected, and where?
– What data is collected? Sensitive?
– Define HRIS technology• Data collection and transfer
• System Security and third party access and use
– Establish clear business processes• Data transfer contracts with third-parties
– Conform to local guidelines• Safe Harbor
• Registration with local data protection authorities
www.intlscreening.com – SHRM Presentation
Protect your employees
• Establish a data privacy strategy that meets both the organization’s needs as well as the employee’s
• Bring organization’s data privacy policies up to standard required by EU and other local specific privacy models (APEC OECD principals).– Transfer data under one of the exemptions permitted
under EU Directive/National laws.
– Transfer data as part of a contractual agreement either through model contracts i.e. Data Transfer Agreements with all data processors (approved by the E.U. Commission).
– Or through ad-hoc contracts to be approved by relevant national data protection authorities.
2010 NAPBS August Webinar
www.intlscreening.com – SHRM Presentation
Be flexible
– Standardize on results and competencies
rather than specific methods
– Strive to standardize tools globally but
remember, the critical point is to standardize
what is assessed but to be flexible in how it is
accessed.
– International is where US was 20 plus years
ago
Questions
Chuck Papageorgiou and Terry CorleyInternational Screening Solutions, Inc
[email protected]@intlscreening.com
www.intlscreening.com
