2013



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October 28, 2013
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If You're a Global Employer, You Need Global Employee Data Policies

If your company employs any international employees, it may have obligations under foreign laws to have specific safeguards in place. Failure to observe a jurisdiction's data protection laws can result in staff penalties and unwelcome press coverage. Although the European Union is leading the way with a proposed comprehensive new data protection law, other countries from China to the United Kingdom, South Africa, Qatar, Dubai, and several Latin American countries are developing, or have already enacted, their own data protection laws, with many based on the European model. Many multi-national employers have appointed data protection compliance officers to manage policy compliance. The policies should specify the types of personal data that will be held, how it will be stored, how and under what circumstances it will be transferred, shared with third parties, and destroyed or deleted. At a minimum, the data protection policies should address security measures that will be taken to safeguard personal information.

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October 28, 2013
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Israeli Supreme Court to Rule on Demand for Disclosure of Criminal Record

"A special panel of seven Supreme Court justices will soon decide whether it is legal for an employer to demand the disclosure of a job applicant 's criminal record, and whether such disclosure can be required in other circumstances, such as a condition for bidding on a tender. The Supreme Court ruled in February that such demands were legal, but now the new, expanded panel, headed by Supreme Court President Asher Grunis, will rehear the case. Attorney General Yehuda Weinstein submitted his opinion, in which he states that such a demand - including for disclosure of an applicant 's criminal record or any open criminal investigations, including ones that never even reached the indictment stage - should be legally barred. However, Weinstein did write that an employer should be allowed to ask a candidate about any criminal past in a job interview. In the ruling, the Supreme Court allowed such requests for a declaration on a criminal record, even though by law the employer is not allowed access to such records. The court ruled that the right to privacy and the state's interest in rehabilitating prisoners was offset by the rights of employers and others to protect themselves and the public ""from unreasonable risks."""

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October 28, 2013
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Employee Background Checks: No One Should Be Precluded

"The widely reported Gauteng Police Commissioner appointment blunder has left the South African Police Service (SAPS) red in the face. Or has it? National Police Commissioner, Riah Phiyega announced Major General Bethuel Mondli Zuma as Gauteng Police Commissioner in August, but withdrew it just two hours later, when it emerged that he had a case pending against him. Zuma faces four counts for allegedly trying to evade a roving anti-alcohol patrol in 2008. These include failing to stop when ordered, drunk driving, attempting to escape from custody, and defeating the ends of justice. Phiyega has said she was not aware of the criminal investigation against Zuma and amidst calls from the DA for her resignation, the National Commissioner is sticking to her guns, saying the appointment was only provisional. This incident once again highlights the critical importance of pre-employment screening and background checks. ""It was not deemed necessary to conduct a detailed search, particularly noting that the people being promoted or transferred are senior executives, who are loyal and hardworking career police officers, well respected and had established relationships of trust with the SAPS,"" said Phiyega. ""In the case of Major-General Zuma, at the very least, requisite background checks aside, he should have been frank with me. That is why I was so disappointed."""

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