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Police told to restrict background-check detail

B.C. police should stop including details of suicide attempts and other mental-health information in background checks on people applying for jobs or volunteer positions, new provincial guidelines advise.
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Privacy commissioner Elizabeth Denham.

B.C. police should stop including details of suicide attempts and other mental-health information in background checks on people applying for jobs or volunteer positions, new provincial guidelines advise.

The guidelines also state that police should no longer tell employers about cases in which someone was suspected of an offence but never charged — unless the prospective employee or volunteer will be working with children and vulnerable adults.

The policy changes follow an April 2014 report by Information and Privacy Commissioner Elizabeth Denham that raised concerns about the amount of information police were releasing to employers, including details of suicide attempts, mental illnesses and minor brushes with the law.

“As a result, citizens are being wrongly denied employment opportunities and are being stigmatized and discriminated against on the basis of unproved and irrelevant non-conviction records as well as irrelevant conviction records,” the report said.

It said that B.C.’s system was broader than anywhere else in Canada and that employers had told her they were shocked by the amount of personal information they received from police.

Denham said on Monday the new policy guidelines mark a “significant improvement” and she praised police leaders and government for their work.

“It’s a much more balanced approach between the needs of employers to get certain information and the rights of individuals to get employment,” she said.

But Denham said she would still like to see the changes backed up with legislation. She said enshrining the policy guidelines in law would ensure proper enforcement and remove any doubt about how the guidelines will be used.

“I also think that there still could be some different approaches between police forces,” she said.

The B.C. Civil Liberties Association also urged legislation, saying it’s unclear what recourse a citizen will have if police fail to follow the guidelines.

“Although this is an improvement, it still boils down to voluntary guidelines,” policy director Micheal Vonn said. “You have a system in which you’re essentially made promises, but you don’t have any means of enforcing them.”

Justice Minister Suzanne Anton was travelling Monday and unavailable for an interview. In a statement, she said her ministry worked with police agencies to develop guidelines “that would ensure a more appropriate balance of public safety interests and citizens’ rights.”

Denham said she will watch closely to see how police put the rules into practice. Her office continues to receive and investigate complaints from the public about the negative impact of background checks.

“So we’re going to be continuing to monitor how the policy is rolled out and how it affects prospective employees across the province.”

lkines@timescolonist.com