Our comprehensive background checks can help you make informed decisions. Trust us to provide you with the information you need. All Adept Investigators always ensure that they act within all municipal, provincial and federal laws and perform in a manner that does not infringe on someone’s privacy.
Is consent required to conduct a background check?
There are many public sources of information that do not require consent, such as the Internet, public libraries, driver abstracts and land registry databases. For other types of information, such as police records checks, credit checks, and personal information, such as health care records held by government offices, the individual’s consent is usually required.
Criminal record verification
Checking police records to verify if someone has a criminal record may be required in many situations. For example, criminal records checks are often required by employers, licensing boards and educational programs. In fact, many provincial and federal laws mandate that a person have clear police records check before being admitted to various certification programs or granted licenses, such as a liquor licence, or being approved for employment, such as in nursing. If the employment or volunteer position involves working with vulnerable people, such as children, a special check called a police vulnerable sector check is required. In order for a third party to conduct a police records check on someone else, you must first obtain the written consent from the individual in question.
Driver’s record checks
Anyone in Alberta can access an individual’s driver’s record, called an abstract, which provides driver and license details along with any criminal driving convictions. To obtain a driver abstract, the information required is the individual’s name, address and driver’s license number.
Credit checks
Under the Alberta Consumer Reporting Act, an employer can perform a credit check on an employee or prospective employee, but only if the information is to be used for employment purposes. Furthermore, employers are required to provide written notice to prospective employees that they will be conducting a credit check.
If someone wishes to have a background check done on an individual they are considering doing business with, it is not unusual for that individual to expect that a credit check will be conducted, however, they must first provide written permission. Similarly, landlords often request permission to run a credit check on prospective tenants as part of the rental application.
Accessing government records and privacy laws
Under both the federal Personal Information Protection and Electronic Documents Act (PIPEDA) and Alberta’s Freedom of Information and Protection of Privacy Act (FIPPA), consent is generally required for the collection, use and disclosure of personal information. PIPEDA applies to personal information collected by federal private organizations conducting commercial activities. FIPPA governs records held by the provincial government, designated agencies, colleges, and universities.
An individual’s right to privacy is also protected under Canada’s Canadian Charter of Rights and Freedoms. Under the Charter, “everyone has the right to be secure against unreasonable search or seizure”, on the basis that it violates an individual’s expectation of privacy.
