专家解读背调公司过度挖掘诉讼记录征信记录等个人信息：既不合法也不合理

Core Viewpoint - The article highlights the prevalence of illegal background checks in the recruitment market, emphasizing the need for clearer regulations and compliance to protect job seekers' rights and ensure fair hiring practices [1][2]. Group 1: Background Check Practices - Background checks have become a routine part of the hiring process, reflecting companies' efforts to optimize their hiring autonomy through risk control [1]. - While compliant background checks can verify the authenticity of job seekers' information and assess job suitability, there is a tendency for "over-expansion" and "substantive abuse" in current practices [2][3]. - Violations of personal information rights and privacy can lead to legal risks for companies, including lawsuits and reputational damage [1][2]. Group 2: Legal Framework and Regulations - There is currently no unified law specifically regulating background checks in China; relevant regulations are scattered across various laws and industry standards [2]. - The Personal Information Protection Law is central to regulating background check behavior, requiring explicit authorization from job seekers and clear communication of the purpose and scope of information processing [2]. - The Labor Contract Law restricts the information that can be collected to that directly related to the employment contract, while the Civil Code protects personal privacy and reputation [2][3]. Group 3: Legal Issues in Background Checks - Unauthorized background checks violate procedural requirements, depriving job seekers of their right to be informed about the processing of their personal information [3]. - Background check companies must obtain explicit consent from job seekers, especially when dealing with sensitive personal information [3][4]. - Using non-job-related litigation records and personal credit information as core hiring criteria lacks both legality and rationality, infringing on job seekers' equal employment rights [4][5]. Group 4: Responsibilities of Background Check Companies - Background check companies have a high obligation to verify the information they collect, ensuring it is legal, reliable, and relevant to the job [6]. - Failure to fulfill these obligations can lead to defamation claims against the background check companies [6]. Group 5: Illegal Services and Their Implications - The provision of illegal services, such as falsifying documents or removing negative credit records, poses significant legal risks and can lead to various criminal charges [7]. - Engaging in such services can result in invalid employment contracts for job seekers and potential liability for companies that rely on falsified information [7]. Group 6: Recommendations for Governance - Legislative measures are needed to define the scope and processes of background checks, establishing a negative list of prohibited inquiries [8]. - Regulatory bodies should enforce compliance audits and impose severe penalties on illegal data acquisition practices [8][9]. - Enhancing channels for job seekers to report violations and providing efficient dispute resolution mechanisms are essential for protecting their rights [8][9].