Candidate data and reference checks
The DPA asks to limit data collected to position needs. References, sensitive data, and criminal records are not freely checked.
Tailor the questionnaire to the function. Political opinions, beliefs, and union memberships are sensitive data, in principle protected against processing. Questions about desire for children or pregnancy are normally excluded.
To contact a former employer or client, the DPA requires prior candidate information and free and sufficiently precise authorization. A reference listed in the CV may serve as agreement for that reference. A refusal to consent should not automatically halt selection.
Criminal history is subject to a special regime. A legal professional obligation may justify checking; consent is insufficient. The DPA advises against keeping the extract after verification without legal need. Undated page: reference date used is GDPR entry into force, May 24, 2016, applicable from May 25, 2018.