Safehire.ai Ltd (Safehire) has developed a software platform that provides a customer with a means by which to undertake Surface and Dark Web searches against potential and existing employees, contractors, volunteers, and other associated persons for the purposes of compliance with applicable laws and regulations, risk management, and internal due diligence.

Prior to using the platform, it is important that you take steps to ensure compliance with your obligations under Data Protection Laws as defined and outlined within the Safehire’s Product Terms & Conditions. For South African schools and organisations, this includes compliance with the Protection of Personal Information Act, 2013 (POPIA). We have set out below some key points to consider, but professional advice should be sought as you feel necessary to ensure compliance.

Update Recruitment Policies and Associated Privacy Notice(s)

Prior to using the platform it is important that you:

<aside> <img src="/icons/drafts_green.svg" alt="/icons/drafts_green.svg" width="40px" />

• update your relevant policies to ensure compliance with Data Protection Laws (including POPIA where applicable), and
• provide appropriate information to the individuals to be searched regarding the intended use of the platform and the processing of their personal data. </aside>

In the context of pre-employment screening, the following wording, tailored appropriately, may be added to your Recruitment Policy:

<aside> <img src="/icons/drafts_green.svg" alt="/icons/drafts_green.svg" width="40px" />

“As part of the shortlisting process, we may carry out online searches on shortlisted candidates as part of our due diligence. This may include using the online platform provided by Safehire.ai Ltd to undertake Surface and Deep Web background checks for purposes including, but not limited to, compliance with applicable safeguarding and child protection obligations under legislation such as the Children’s Act 38 of 2005, the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007, and any other applicable statutory or regulatory requirements relevant to working with children and vulnerable persons. Any online searches will be conducted in a manner intended to comply with applicable data protection and privacy laws, including the Protection of Personal Information Act 4 of 2013 (POPIA). This may help to identify any incidents, issues or concerns that are publicly available online, which we may want to explore with an applicant at interview. This forms part of our wider [safeguarding] due diligence which aims to prevent and/or deter individuals who may be unsuitable to work [with children from working in a school environment/within the organisation given the nature of the work concerned/[tailor as appropriate to the organisation]].”

</aside>

IMPORTANT: This is suggested wording only and should be tailored to reflect the organisation’s operations. It should be provided to candidates, along with other fair processing information, in good time before any online checks take place.

In addition, relevant privacy notices should be updated to reflect the intended use of the platform and the lawful basis for processing associated personal data. In the UK, this may be based on legitimate interests; under POPIA, processing must meet one of the conditions for lawful processing (e.g., consent, legal obligation, or legitimate interest in safeguarding). If explicit consent is relied upon, this should be sought from the candidate and received in advance.

To be clear, it is your responsibility to ensure that you are complying with all applicable Data Protection Laws, including POPIA.

Consider who will have access to the platform and when searches will be carried out

• Pre-employment online searches, including searches utilising the platform, should only be carried out as part of the shortlisting process – i.e., on shortlisted applicants; not on all applicants that apply for a position.
• Searches should be carried out in advance of interview so that any identified issues or incidents can be raised with the applicant during the interview, if felt necessary and appropriate.
• To minimise the risk of discrimination and/or unconscious bias, where possible, the initial search should be carried out by a member of staff not directly involved in the recruitment decision-making process.
• It is important that the individual carrying out the search understands its purpose and the associated parameters. Relevant red flag information can then be provided to those making selection decisions to inform those decisions and the approach to be taken at interview. Further guidance on how to respond to a Red Flag report can be found here 🇿🇦 Safehire.ai | Red Flag Guidance (SA)
• Further detail regarding your obligations and those of Safehire, including in relation to data protection, are set out within the Product Terms & Conditions and Data Processing Agreement

END