Criminal records should not be confused with police records . The latter consist of malaysian phone numbers the police collecting certain data from people who are being investigated for infractions or crimes but have not yet been brought before a court.
Criminal records are personal data, in fact they are classified as specially protected data . They are confidential and their disclosure is prohibited. As it is personal data, requesting it involves data processing.
We will focus on answering the question of whether the company can request the criminal record certificate, that is, we will see whether it is lawful or not to require this type of data within the work environment.
The criminal record certificate
This is an official document containing the information contained in the Central Registry of Convicts. It is issued and validated by the Ministry of Justice .
The criminal record certificate can be requested by any natural person of legal age, as well as legal persons through their representatives.
It can be requested in several ways:
In person
By mail
On-line.
This certificate is required for many procedures : from applying for a weapons permit to applying for a public office.
Likewise, it may be required for certain jobs (as long as it is regulated by law) and if you are a foreigner , you must present this certificate to apply for residency, a visa, to work or study.
Certificate of criminal records within the workplace
Article 10 of Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights states:
The processing of personal data relating to criminal convictions and offences, as well as related precautionary and security procedures and measures, (…), may only be carried out when it is covered by a rule of Union law , by this organic law or by other legal regulations .
Can a company request a criminal record certificate from its employees? As a general rule, the privacy of the employee prevails and requesting this type of information from a company may constitute a discriminatory practice.
The processing of this type of data by companies is only lawful within an employment contract and when the following requirements are met:
Necessary for the execution of the employment contract.
That there is legal authorization that empowers the company to collect such circumstance.
In certain jobs, it is an essential requirement for access to employment. By legal requirement, it is mandatory to have a certificate of no criminal record for the following positions: