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Stephane Hamel
Digital marketing & analytics shaped by data governance, privacy and ethics | Educator · Speaker · Consultant
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November 30, 2022
The other day, I mentioned that I had room to onboard one or two more clients. A proposal I sent out several weeks ago was finally accepted - then came the procurement process. → For sake of discussion: this company is a fashion retailer and my role doesn't involve any access to personal data nor any view or say into anything of confidential nature which could have an impact on the business. Much to my surprise, the company wants to do a personal #backgroundcheck when the contract is under my duly incorporated company (which can easily be checked on the government website business registry). While I have nothing to hide, that doesn't mean I'm comfortable providing all of the following #personaldata : ❌ full name at birth ❌ date of birth and gender (why is this relevant?) ❌ personal phone and email ❌ home addresses since 2015 (why is this relevant?) ❌ criminal convictions in Canada or abroad (none, really) ❌ Equifax validation ❌ two pieces of identification, such as a driver's license, government health care identification card, passport... which should not be shared with anyone other than the government... In Québec, the "Commission d'accès à l'information" is clear: ► The Quebec Health Insurance Act specifies that the collection of the health insurance card number may only be required for purposes related to the provision of health or social services or goods or resources. ► The Highway Safety Code states that the holder of a driver's licence is only required to produce it at the request of a peace officer or the Société de l'assurance automobile du Québec and for road safety purposes only. In Ontario: ► The Human Rights Code says employers must not use application forms or ask questions of job applicants, which directly or indirectly ask them to give information about a “ground of discrimination”. For example, asking for information about a driver’s licence, when it may not be an essential duty of the job... Also, asking a job applicant to provide a photocopy of their driver's licence would reveal information about the applicant's age... Other Canadian provinces have similar wording. 🚫 If I was being hired as an employee, all of this would still be (potentially, since #IANAL) illegal - but someone who wants the job, who is vulnerable and not in a position of arguing, would likely do it... 🤬 As a contractor being hired through my "inc." business, I find this totally unacceptable. #knowyourrights I will keep you posted as to what happens next! (The picture is from the background check website, providing examples of what you are required to share) #dataprivacy #dataethics #hrhiring #privacylaw #job #canada
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November 30, 2022