Sri Lanka is a progressing nation. However, it is currently facing a financial crisis and increasing poverty due to persistent fiscal and current account deficits, rising debts, and poor administration. Taking the same into consideration, the personal data protection act (PDPA) was passed in Sri Lanka on 9th Mar’23. The PDPA forms an exhaustive administrative structure for protecting one’s information, having recently been used in Sri Lanka. It strives to recognize and toughen the rights of one whose information is being processed and provide for the designation of the authority.
The PDPA depends enormously on GDPR principles of lawful grounds, equality, and transparency, among others. Distinctively, under PDPA, controllers must make certain that the processing of personal data accompanies fundamentals such as legitimacy, equality, correctness, limited retention, uprightness, transparency, and culpability.
To govern data transfer compliance, the PDPA accustoms a competency analysis which shall be subject to cyclical monitoring. For private businesses, screening of data beyond Sri Lanka is granted if they qualify for the competency analysis condition or fall under the predetermined set of deviations and take consent to process abroad and the performance of a contract into account.
Below are the topmost checks carried out in Sri Lanka:
Identification Check:
Identity check in Sri Lanka is predominantly conducted to ensure that prospective employees/candidates provide information associated with a real person's identity. The verification process takes place once all the required information is gathered from the candidate through the online database of the issuing authorities for ID.
Global Database Check:
Employers conduct global database checks to check if the candidate is/was involved in significant crimes like terrorism, financial fraud, narcotics, etc. Multiple proprietary databases maintain a repository of lists across various countries to cover this information. Amongst all, Vital4 is a widely used database for screening purposes.
Academic Verification:
In Sri Lanka, most education checks are conducted with a physical visit to the respective education institution, as there is no centralized repository/online portal to receive the verification via source. The other ways can be email, phone, or through an online university/college's website. The method of verification (email/phone/physical visit etc.) varies among universities/colleges. For example, if some universities have tie-ups with online registries that maintain their database, it will be done through an online portal.
Employment Verification:
Employment verifications typically do not vary concerning the country as no centralized database is available for employment records. Hence it leads to the conventional route of verification. Employment verification is performed through email or phone calls, and in infrequent scenarios, we initiate a physical visit for employment verification.
Criminal Verification:
Criminal Verification in Sri Lanka is performed through a database maintained by the local police station based on the address given. A consent form from the candidate is required to process this search. The search is performed locally, and the same goes back seven years.
Bankruptcy Verification:
The legitimate source of credit verification in Sri Lanka CRIB (Central Information Bureau of Sri Lanka) states that an individual's credit information can only be accessed by lending institutions where an individual has applied for any new credit facility OR is already an existing customer. No background screening third-party organization can perform Credit Verification in Sri Lanka.
Hence, a Bankruptcy check can be conducted as an alternative to a Credit check. The bankruptcy search is conducted through Commercial courts for Western Province, District courts for other Provinces. A bankruptcy check helps us reveal whether an individual or entity has been legally declared unable to pay their debts to creditors, declared insolvent in the past, or had any major credit issues.
However, there are many other checks as well that are performed in Sri Lanka:
Address Check
Directorship Check
Civil Litigation Check
Motor Vehicle Records Check
Professional License
Best Practices
Below are some of the best practices when conducting background screening in Sri Lanka:
An employer should request only limited personal details of an individual to gather information for verification.
Employers should notify and obtain consent from the job candidates while gathering personal information.
It is always recommended to ask the candidates to present their original and attested education certificate copies.
Employers must scrutinize the validity of the documents.
Conclusion
To carry out background verification for prospective candidates, employers must conduct an ID check, Global Database check, and Criminal check, followed by an Academic and Employment check.
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