The ICO exists to empower you through information.

Our consultation on this draft guidance is open until 5 March 2024.

In detail

What is verification?

Verification is the process that employers or recruiters use to check the information a candidate provides in support of their job application. It also includes checking references.

This is different from pre-employment vetting which is covered in the section on Pre-employment vetting of candidates, and involves employers actively making their own enquiries, rather than checking the information provided by the candidates themselves.

You may decide to check the accuracy of the information candidates have provided in support of their application (eg by asking for evidence of their qualifications). You must only obtain the minimum information you need. For example, if you need to verify someone’s identity, you may need a passport or driving licence, but it’s unlikely that you would require both.

You must explain your verification process as early in the recruitment process as possible. For example, by setting this out in the application form. In particular, you should explain:

  • the methods you will use;
  • the specific information you will verify;
  • how long you will keep any information you collect for these purposes; and
  • any external sources you will use or rely on.

The stage in the process that you carry out verification is important. Where possible, you should only verify the information provided by successful candidates. If you need to verify the information at an earlier stage, you must be able to justify why this is necessary. For example, you may be under a legal obligation to carry out checks at an earlier stage for particular types of roles. However, in most cases you should not carry out verification checks for every candidate, as this is unlikely to be necessary and involve excessive processing.

Does it matter how we ask candidates to send us their information for verification purposes?

If you are asking candidates to provide information for verification purposes, you could give them the option to provide this information in person. For example, if you are requesting original documents (such as university degree certificates) which may be expensive to replace, or may be needed for other purposes, including sharing with other prospective employers. You can then verify the information, make a copy for your records (if you need to), and return it directly to the candidate.

If candidates are unable to attend your premises in person, you could suggest they send their information using another secure method (eg tracked delivery). However, if you don’t need to see original documents, you could ask candidates to send their information by a secure electronic method (eg encrypted email).

What do we need to consider when checking references?

You should only ask the referee for the information you require in line with your recruitment policies. For example, if you only need the referee to confirm the candidate’s employment dates, then only ask for this information.

You may receive a confidential employment reference about a candidate. The personal information contained in a confidential reference is exempt from the right of access. This means that if a candidate makes a SAR for the confidential reference, you are not required to disclose it. If the reference is not consistent with information the candidate has provided, see the section, What can we do if our checks are not consistent with the information provided by the candidate?

However, this exemption only applies to references given in confidence, and not to references more generally.