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Companies cannot require their guards to have a certificate of criminal record

| News | Employment Law and Social Security

Alfredo Aspra analyses the illicit processing of personal data considered by the National High Court

The National High Court has rejected that security companies ask new workers for a certificate or declaration that they do not have a criminal record. According to the Audiencia Nacional, this is an illegal processing of personal data.

The ruling, dated 10th February 2020, declines that security companies are entitled to collect data concerning criminal convictions of security guards. "Although in order to obtain the corresponding authorization that gives the right to obtain the professional identification card, it is necessary that the worker in question does not have a criminal record in force, the truth is that no intervention in the management and issuance of such records entrusts the legislation in force to security companies", it points out.

Alfredo Aspra, Partner of the Employment Law area of Andersen Tax & Legal, emphasizes that it is juristiction attributed to the Ministry of the Interior that is exercised through the General Directorate of the Police, so it will be them, amongst corresponding bodies, which will have to collect and verify such data both for the initial issuance of the same, as well as for the maintenance of the same during its validity, being this public authority the only one empowered to process the data related to criminal records, as the National High Court explains too.

You can read the article in El Economista.

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