Issue link: https://thepbsa.uberflip.com/i/1538117
PBSA Journal PAGE 11 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 Continued from page 10 protection. In addition, many employers prefer working with providers who offer onshore support and store data within Canada. This helps ensure compliance with local privacy laws and reduces the risks of data mishandling, especially in regions where data protection regulations may not be as stringent. By selecting a provider that follows robust IT security protocols and keeps data onshore, employers can significantly reduce the risk of data breaches. 4. Legal Risks and Liabilities In Canada, there are strict legal requirements surrounding background checks. Employers must comply with both federal and provincial laws, which include obtaining explicit consent from candidates before conducting any screenings. Overly extensive or unnecessary checks could expose an employer to legal challenges. Candidates also have the right to file complaints with regulatory bodies like the Office of the Privacy Commissioner of Canada if they feel their rights have been violated, which could result in fines, legal action, or reputational damage for the company. 5. Impact on the Candidate Experience Excessive screening can also harm the candidate experience. Lengthy, invasive, or unnecessarily complicated background checks can frustrate candidates, leading them to feel as though they are being unfairly treated. This can not only diminish the company's reputation but also result in the loss of top talent, particularly in industries where candidates expect a more streamlined and transparent hiring process. Conclusion While background checks are essential to the hiring process in Canada, it's vital for employers to find a balance. Over-screening can lead to privacy violations, discriminatory practices, data security risks, and legal complications. Employers should aim to conduct relevant, proportionate screenings that protect both privacy and compliance with Canadian laws. By doing so, they can create a fairer, more secure hiring process for everyone involved. l