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PBSA Journal PAGE 10 JULY/AUG 2025 Except where otherwise indicated, articles are copyright © by PBSA 2025. All rights reserved. The Risks of Over-Screening in Background Checks in Canada By Luc Van Dijk B ackground checks are an important part of the hiring process in Canada, allowing employers to vet potential employees for qualifications and trustworthiness. However, relying too heavily on or going overboard with background screening can present a variety of risks—both legal and ethical—that can undermine the hiring process and harm individuals involved. 1. Invasion of Privacy One major concern with over-screening is the violation of privacy. In Canada, privacy rights are protected under the Personal Information Protection and Electronic Documents Act (PIPEDA), which restricts how personal information can be collected and used. Employers are only permitted to gather information that is directly relevant to the job and hiring decision. Excessively intrusive screenings—such as delving into unrelated personal details or conducting overly broad searches—can breach these privacy rights and damage the relationship of trust between employers and job candidates. 2. Unintentional Discrimination and Bias Over-screening can also unintentionally result in discrimination. By focusing too much on and adopting too rigid a process around aspects of a candidate's background, like criminal history, credit reports, or employment gaps, employers may disproportionately exclude qualified individuals from marginalized groups. For example, a candidate with a criminal record from a minor offense might be unfairly overlooked due to overly stringent screening practices. Under Canadian law, particularly the Canadian Human Rights Act, employers are prohibited from discriminating based on factors such as race, gender, and disability. An overly rigorous screening process can unintentionally increase bias and lead to unfair hiring practices. 3. Risk of Data Security Breaches When conducting background checks, employers are collecting sensitive personal data, such as criminal records, financial details, and past employment history. With larger amounts of data being gathered, the risk of data breaches grows. This can lead to unauthorized access to personal information, which not only violates privacy laws but can also tarnish the company's reputation. This is why it's crucial for employers to partner with background screening providers who are up to date with the latest IT security measures. For instance, a reputable provider should have SOC 2 certification, which guarantees they meet high standards for security, confidentiality, and data Continued on page 11

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