All Posts By "Nix" (Total Posts: 1076)

Unlocking the EU General Data Protection Regulation:A practical handbook on the EU’s new data protection law

This Handbook is designed to enable privacy professionals and legal functions within an organisation to quickly identify the issues that are of primary importance to that organisation, and determine how best to address those issues. EU data protection law affects all organisations in the EU (and some organisations outside the EU—see Chapter 4). Many organisations that had few or no ...

Where’s My Personal Data? How to Respond to Subject Access Requests Under GDPR 

Data subject access requests (DSARs) can be made under the General Data Protection Regulation (GDPR) or under the Data Protection Act 2018, but schools and colleges are increasingly showing concern regarding the effective way to deal with such requests. Most of the time, DSARs are coming from staff members, parents or pupils, but children have the same right of access ...

Important Changes to the Singapore Data Privacy Regime 

Applying to all organizations that collect, use and disclose data in Singapore, the Singapore Personal Data Protection Act (PDPA) was recently amended. The Personal Data Protection Commission (PDPC) issued a statement on March 1, which confirmed its intent to introduce a mandatory breach notification regime. The notification mandate would require organizations to notify both affected individuals and the PDPC when a ...

‘Can I Be Honest?’ Canadian Courts Affirm Qualified Privilege Defence to Defamatory Employment 

Provided that comments are honestly held and are not motivated by malice, the recent Supreme Court of Canada decision in Kanak v. Riggin (“Kanak”) has affirmed for employers that negative references about current or former employees will generally be protected from liability for defamation. Ms. Kanak sued her former supervisor after he provided a negative reference to a prospective employer, causing ...

How to Conduct Individualized Assessments in Background Checks

In 2012, the Equal Employment Opportunity Commission (EEOC) published guidance for employers that aimed to help people in demographic groups with higher incarceration rates get jobs and not be automatically excluded from the candidate pool due to a criminal history. The individualized assessment process caused some confusion for employers, however. In fact, a 2015 survey from First Advantage showed that about ...

Reminder of Steps Employers Must Take When Requesting Credit or Background Reports 

Two recent decisions by the U.S. Court of Appeals for the Ninth Circuit have demonstrated how important it is for employers to take the proper steps to remain compliant with the Fair Credit Reporting Act (FCRA) when obtaining and using consumer reports for employment purposes. Employers should 1. Disclose in writing, in a standalone document, that a report will be ...

Rethinking Pay Equity: Overcoming the Impact of Prior Salary Information 

The Bureau of Labor Statistics has reported that the average woman made 80 percent of the average man’s earnings in the fourth quarter of 2018. Many state and local governments are taking action to help narrow the pay gap, such as the restriction of requesting or relying on prior salary information during the hiring process. Federal law, however, remains split ...

3 Cultural Considerations Before Rolling Out a Continuous Background Screening Program 

The Society for Human Resource Management (SHRM) named continuous background screening as a top employment screening trend for 2019. While there are certainly benefits to conducting recurring background checks, employers must remain sensitive to cultural impact. Consider these three aspects when thinking about post-hire screenings: Ensure that employees are aware of the re-screening to avoid possible violations of the Fair Credit ...

The Case for Expunging Criminal Records 

While it’s no secret that those with criminal records face obstacles in employment, housing and education, criminal justice reform efforts have been focused on finding tools that will allow some to navigate those barriers. Expungement is allowed in at least 36 states, but depends on the number of convictions, the type of crime and the amount of time that has ...

3 Tips for Navigating Criminal History Laws When Hiring

A growing number of states, cities and counties have enacted laws designed to remove barriers faced by individuals with criminal records in finding employment. The “ban-the-box” legislation eliminates the criminal history question on applications, while laws are in place that distinguish when and how an employer may use criminal history information in the hiring process. There are even financial incentives for ...