What does a background check actually look at?
Method ·
Verifiable: education, employment history, company affiliations, public litigation. Requiring the subject's authorisation, or not available at all: police records, credit reports, medical records
Consent comes before the check
Taiwan's Employment Service Act prohibits employers from demanding "private information not required for the job". The enforcement rules spell out what that means: credit records, criminal records, pregnancy plans and background investigations are all on the list. An employer may ask for such information only where it has a legitimate and reasonable connection to the position, and only to the extent necessary.
The Personal Data Protection Act separately requires that any private organisation collecting personal data have a specific purpose and one of the statutory grounds. The two most relevant to screening are the subject's consent and data obtained from generally available sources.
A background check that holds up therefore rests on two conditions: the role genuinely requires it, and the candidate knows and has consented in writing.
What can be verified
- Company affiliations. Whether the candidate is a director, supervisor or manager of any company is open to anyone through the Ministry of Economic Affairs registry. Used to spot conflicts of interest and undisclosed side roles
- Public judgments. The Judicial Yuan publishes court decisions, which can be searched for civil or criminal matters involving the candidate. Names are partly redacted, so identical names must be cross-checked against other details. A name alone proves nothing
- Whether a foreign school exists. The Ministry of Education maintains a reference list of foreign universities, confirming whether the institution named is a recognised one. It is not an accreditation list; a school's absence does not mean the degree is false, only that it needs further checking
- Public statements and media. Content the candidate has published, interviews given and articles written count as data the subject has made public
What requires the candidate's authorisation
- Authenticity of degrees. Domestic degrees are confirmed with the institution; foreign degrees are authenticated by the candidate applying to the relevant Taiwan overseas mission. The applicant must be the candidate
- Employment history. Title, tenure and reason for leaving can be checked only on the candidate's signed consent, and the former employer is under no obligation to answer
- Labour insurance records. Only the insured person can obtain them. Candidates can download and provide the record, which confirms employment periods
What only the subject can obtain
- Police criminal record certificate. Issued only to the person concerned or someone they have authorised. It records convictions that are final and executed; pending investigations and unconcluded cases do not appear
- Credit reports. The Joint Credit Information Center's personal report is available through four channels, all restricted to the data subject
- Medical and psychological data. Listed as private information in the enforcement rules and not to be requested unless essential to the role
FAQ
- Can a candidate be checked without being told?
- Public-register data such as company affiliations and published judgments is a generally available source, though the subject may ask for processing to stop. Enquiries to former employers or schools always require the subject's consent. Written consent for every item avoids later dispute.
- Can an employer require a police record certificate?
- An employer may ask the candidate to provide one, but criminal records are private information and the employer must be able to explain why the role requires it, such as handling money, entering homes or caring for minors. Requiring one for an ordinary office role may be considered disproportionate.
- The résumé does not match. What then?
- First establish whether it is an error or deliberate. The findings are set alongside what the candidate wrote, with the source replies attached, and the employer decides. Whether it affects the hire, or whether an existing employee can be dismissed, involves labour law and should be discussed with counsel.