Conducting Reference Checks Without Running Afoul of Privacy Legislation

Conducting reference checks is a critical part of the hiring process. However, given the existence of privacy legislation that restricts employers' ability to collect, use, disclose and retain personal information, such checks are not always clear-cut. Private sector employers in British Columbia, Alberta and Québec, as well as federally regulated employers, are subject to personal information protection legislation.

Even in jurisdictions without privacy legislation, employers should be cognizant of Canada's growing privacy culture and the expectation of many applicants for employment that prospective employers will safeguard their personal information. All employers are cautioned to incorporate developing privacy laws into their employment practices, including reference checks.