How to do Taiwan Background Checks
Posted: September 29, 2020
Where do you begin when conducting Taiwan background checks? The good news is that the process of conducting Taiwan Background Checks is rather straightforward. While there is no official legislation requiring third parties to conduct educational verification or employment history verification in Taiwan, the majority of Taiwan background checks need at least an education or employment verification.
Here are a few are things to consider about Taiwan Background Checks:
Criminal Record History
In Taiwan, criminal record history checks are conducted by searching the subject’s name against the judgement database maintained by the Judicial Yuan, the judicial branch of the government of Taiwan. Results will return any criminal judgement records matching the subject’s name and generally include the judgement date, a summary of the offense, any sentencing information, and the court out of which the case was tried.
Since this search is conducted using the subject’s name only, there may be very limited identifying information returned that can be used to adequately match the record to the individual in question. Therefore, while criminal checks conducted through the court are permissible in Taiwan, the results may not be particularly useful.
Individuals living in Taiwan may also obtain a criminal record certificate from the local police with an original copy of the subject’s ID document. Since the copy of the ID is required to be provided in person, this may not be a viable option when obtaining background checks through a Consumer Reporting Agency, or if your candidate no longer resides in Taiwan.
Education Verification Considerations
Education Verification, a very common background check performed in Taiwan, usually only covers post-secondary education. The communication methods for education verification vary, but the vast majority (80%) are conducted over email while the rest (20%) are done over telephone. Mandarin is the preferred language when communication is needed. Here are the steps to conduct an Education Verification in Taiwan:
- The first step is to authenticate the academic institution.
- Once the academic institution has been verified, it is necessary to do the education verification directly through it by contacting its academic department or student center.
- The education information that needs to be verified includes dates attended, graduation date, qualifications, the name of the person providing the verification and the verification date.
- In order to conduct an educational verification in Taiwan, you will need a signed consent form, a candidate’s full name and date of birth, a person ID number and a copy of the candidate’s educational certificate.
Employment History Verification
Employment history verification, also one of the most common background searches in Taiwan, verifies the candidate’s factual employment history with the candidate’s former employers’ Human Resources or Payroll Departments. Employment verifications in Taiwan are done primarily over the telephone (70%) or via e-mail (30%). Here are the steps of conducting an employment history verification in Taiwan:
- The employment history verified includes the name and location of employer, dates of employment, last position held, reason for leaving, last salary, name of manager, and the eligibility for rehire.
- Depending on company policy, past employers may or may not disclose salary information.
- To research past employment history, you will need a signed consent form, along with the candidate’s full name, date of birth, employee ID, and a copy of a leaving Certificate.
- It is vital that you receive permission from the candidate prior to contacting any former employers.
Privacy Considerations for Taiwan Background Checks
In Taiwan, there is no single national data protection authority. The former Computer Processed Personal Data Protection Law (‘CPPL’) was renamed as the Personal Data Protection Law “PDPL” or “PDPA” on May 2010, which was enacted to, “regulate the collection, processing and use of personal data so as to prevent harm on personality rights, and to facilitate the proper use of personal data.”
The PDPL became effective on 1 October 2012, except that the provisions relating to sensitive personal data and the notification obligation for personal data indirectly collected before the effectiveness of the PDPL remain ineffective. The PDPL applies to both online and physical world in the same manner. The PDPL has changed the ways in which Personal Data can be collected, processed, stored, used and transmitted.
Under the PDPL, Data Collectors are required to give affirmative notice to the Data Subjects whose Personal Data they collect and must advise them of the purposes for which their Personal Data is being collected or used, as well as the sources from which the data is derived.
In addition, this right to privacy is present in various laws and regulations of Taiwan:
- The Civil Code of Taiwan provides a private right of action for the tortuous infringement of privacy.
- The Freedom of Government Information Law prohibits the release of government information that will result in an invasion of personal privacy.
- The Guidelines for Consumer Protection in E-Commerce apply to business operators in electronic commerce. While the Guidelines are not formal law, they may be legally enforced under the provisions of Taiwan’s Consumer Protection Law. They include Guidelines for collecting, using and protecting consumers’ Personal Data.
If you will be conducting background checks in Taiwan, it is necessary to learn the ins and outs of this legislation.
Lastly, it is always a good idea to have a strong partner when conducting Taiwan background checks to help you navigate through it all. Info Cubic is here to help you conduct accurate and compliant background checks in Taiwan. If you have questions about Taiwan background checks or regarding international screening in general, please contact Info Cubic’s client service team at 888-925-0922 to discuss how we can support your organization with International Background Checks.