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Background check without consent is legal,2 years after hired?

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trimza


Arresto Menor
Hi everyone, kindly seeking your help, nag background check kasi ang HR namin sa previous company ko without my consent. Ginawa nila eto after last week, 2 year na ako regular na emplayado ngyon... Legal po ba eto? invasion of privacy po ba eto pwede iconsider... ? Nalaman ko lang kasi inform ako mismo ng dati kong kumpanya ... salamat po ...

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HrDude


Reclusion Perpetua
I believe every company, including yours, will  ask your consent as this is a recruitment process.

Anyways, what did the company do after the background investigation? If none, then there is no injury on your part. Also, one of the duties of HR is to investigate or at least check who they are hiring and no one can deny a company this process, not even the President of the Philippines.

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3 ALREADY THEIR EMPLOYEE for 2 years on Sun Nov 20, 2016 8:31 pm

trimza


Arresto Menor
HrDude wrote:I believe every company, including yours, will  ask your consent as this is a recruitment process.

Anyways, what did the company do after the background investigation? If none, then there is no injury on your part. Also, one of the duties of HR is to investigate or at least check who they are hiring and no one can deny a company this process, not even the President of the Philippines.

sir,,  I am already hired for 2 years and a supervisor on that company,, that is why i was shocked about why did they conduct such background checking and without my written consent... may u kindly pls also enlightened me iff this may fall under category of ARTICLE 10173  SEC. 12. Criteria for Lawful Processing of Personal Information. – The processing of personal information shall be permitted only if not otherwise prohibited by law, and when at least one of the following conditions exists:

(a) The data subject has given his or her consent;

(b) The processing of personal information is necessary and is related to the fulfillment of a contract with the data subject or in order to take steps at the request of the data subject prior to entering into a contract;

(c) The processing is necessary for compliance with a legal obligation to which the personal information controller is subject;

(d) The processing is necessary to protect vitally important interests of the data subject, including life and health;

(e) The processing is necessary in order to respond to national emergency, to comply with the requirements of public order and safety, or to fulfill functions of public authority which necessarily includes the processing of personal data for the fulfillment of its mandate; or

(f) The processing is necessary for the purposes of the legitimate interests pursued by the personal information controller or by a third party or parties to whom the data is disclosed, except where such interests are overridden by fundamental rights and freedoms of the data subject which require protection under the Philippine Constitution.



thank you......   can this be considered as violation of privacy since there were NO   CONSENT FROM ME???. SALAMAT PO

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HrDude


Reclusion Perpetua
May i ask what Code/Book are you referring to?

Anyways, what happened after your Company did an investigation? What did they do to you? If none then there is no actionable wrong.

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trimza


Arresto Menor
HrDude wrote:May i ask what Code/Book are you referring to?

Anyways, what happened after your Company did an investigation? What did they do to you? If none then there is no actionable wrong.

a letter was issued to me,, having false accusations,, and the HR also issued letter to all the people who are close to me and had a false accusations without valid direct proof,,, tomorrow I am responding into the letter they gave to me.... indicating oral defamation,, and the HR sided on the other party only, without heraring my side,, and having both parties to have confrontations

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lukekyle


Reclusion Perpetua
if nung nag apply you indicated your previous employer then its not invasion of privacy since they have the right to verify yung details na nilagay mo.
can you be more specific? what have you been accused of?

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council

avatar
Reclusion Perpetua
HrDude wrote:May i ask what Code/Book are you referring to?

Anyways, what happened after your Company did an investigation? What did they do to you? If none then there is no actionable wrong.

He is referring to REPUBLIC ACT NO. 10173. Data Privacy Act of 2012.

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HrDude


Reclusion Perpetua
Then it is not an article of a Code or a policy then.

Unfortunately, this situation NOT covered by the ACT.

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