Have you ever signed a blank cheque? A cheque with no amount, no payee, just your signature?? No, you haven’t. Even if you have, you must have asked for the reason.  It’s obvious that no one would indulge in such practices, knowing the risk. 

Yet, this is exactly what happens when employers ask candidates to give consent for background checks without taking them into confidence, and telling them the what, the why and the how. This practice is exactly as blind and binding as signing a blank cheque!

An employee may share their discomfort, but by the time a harassment complaint is filed, the damage has already been done.

What if prevention started not with onboarding an applicant but before the offer letter was even sent? This methodology can be applied through behavioral vetting - an essential but often overlooked layer in the effort to prevent workplace harassment in Pakistan and beyond. This all ties up to asking ‘Consent’. Consent in background checks is a lot more than just a legal requirement. It’s about giving your candidate the respect and trust they deserve. It’s about showing the ethics of an organization even if the candidate is not hired. 

In Pakistan, data protection laws are still taking shape, hence in the midst of legal ambiguity, this issue is more critical than ever. 

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Consent is Not a Checkbox

Background checks are legal in Pakistan, but legality alone is not enough. The Prevention of Electronic Crimes Act (PECA) 2016 already recognizes the importance of consent for processing personal data. However, too many employers reduce consent to a tick mark on an application form. This approach is problematic because consent, under any ethical or modern legal standard, must be informed and deliberate.

Informed consent means clearly explaining the purpose of the background check:

• what type of information is collected, 
• how is it stored,
• who it might be shared with. 

Without this, candidates are essentially signing away control over their identity. In an era where personal data breaches can destroy reputations overnight, asking for consent is not merely to avoid lawsuits, but it is more about building trust and lasting relationships. 

Legal Boundaries for Data Collection in Pakistan

Employers often assume that just because Pakistan does not have a fully enforced data protection law, there are no limits! That assumption is not only absurd but also risky. While Pakistan’s Draft Personal Data Protection Bill (PDPB) 2023 is still pending, its principles echo global privacy norms and are expected to become enforceable soon.

The bill proposes the creation of a National Commission for Personal Data Protection and introduces obligations such as obtaining explicit consent, restricting unnecessary data sharing, and notifying breaches within 72 hours. 

Penalties for violations could reach millions of rupees. Even today, constitutional protections under Article 14 guarantee the right to privacy and dignity, giving courts a basis to act on violations. The current practice already requires that checks should be job-relevant and proportionate. 

While hiring for a technical role, the recruitment team is dutifully obliged to run an educational background check, but probing into family background check for the role of a technician or a credit check tapping the candidates financial details is really not ethical. 

Employers who go beyond these limits risk not only legal trouble but also reputational harm in a world where candidates share their experiences widely. Today’s job arena is more about the culture, if the employee is happy at work, they will eventually give results. Moreover, word spreads. 

Protecting Candidate Dignity While Screening

In March 2024, Pakistan woke up to a chilling reality: 2.7 million CNIC records were allegedly leaked from NADRA’s database. Millions of people were suddenly exposed, their personal details floating in the wrong hands. This was a fatal breach of trust. People feared fraud, harassment, even identity theft. And the hard truth is that once data is out there, it can’t be taken back. Passwords can be changed, but not the CNIC.

This incident should serve as a loud wake-up call for employers who handle candidate data every day. Ethical hiring is not about ticking compliance boxes any more. It’s about protecting human dignity in a world where information can be weaponized with a single click. Candidates are not data points. They are people who deserve to feel safe, and respected, with the confidence that their data is in safe hands. 

Unfortunately, the reality is often very different. Too many companies overreach during background checks, digging for details that have no bearing on the job itself. Ethical screening draws that line clearly. It means asking one fundamental question before every data request: “Is this relevant to the role?” If the answer is no, then one doesn't need to comply, given that a candidate is asked! 

Collecting unnecessary information illustrates that the organization values control over respect. In today’s talent-driven market, that message can cost the company its best candidates.

GDPR and Global Standards: What Pakistan Can Learn

Although GDPR (General Data Protection Regulation) applies to the European Union, it is widely considered the global benchmark for privacy. Why should this matter to Pakistani employers? Well, Pakistan’s draft PDPB borrows heavily from GDPR’s structure and principles. In practice, adopting GDPR-like measures now will put businesses ahead of the curve when local laws tighten.

GDPR emphasizes four principles that every employer should internalize:

• Purpose Specification: Define why you are collecting data before you collect it.
• Consent Withdrawal: Give candidates an easy way to retract consent if they change their mind.
• Data Minimization: Only collect information that is necessary for the job role.
• Transparency: Clearly inform candidates how their data will be used and how long it will be stored.

The PDPB mirrors these values by mandating notices at the point of collection, limiting third-party data sharing, and introducing rights such as data erasure and breach notifications. Employers who begin practicing these standards now will not only reduce risk but also earn the trust of both candidates and clients.

Creating Ethical Verification Policies

How can organizations turn these principles into practice? It starts with clarity. Every consent form should be explained in simple language: 

• who is requesting the data,
• what will be checked,
• why it is relevant, 
• and how long the information will be retained.

Consent should never feel forced or hidden in fine print.

Next, employers should limit background checks to what the role demands. That means no credit checks or social media checks for the role of technicians.  After the hiring decision, retain the data only for a reasonable period, two years is a common best practice, before secure disposal.

The Bottom Line

Consent in background checks is a test of how much an employer values transparency and dignity, far more than legality. In Pakistan, where privacy laws are evolving, organizations that act ethically today will lead tomorrow.

Check Xperts, a background check company in Pakistan, helps businesses build verification policies that are both compliant and humane. From drafting informed consent protocols to managing secure checks, Check Xperts ensures that every step protects your brand and your candidates’ trust.  

F.A.Qs 

1. Is it legal to verify someone’s criminal record in Pakistan?
   Yes, provided the candidate gives informed consent and the check is relevant to the position.
   
   
2. What happens if a candidate refuses a background check?
   They can legally refuse, but refusal may affect eligibility for roles where screening is essential.
   
   
3. Can employers keep background data permanently?
   No. Best practice is to store data only for as long as necessary and then delete it securely.
   
   
4. Does Pakistan follow any global data protection standard?
   Not yet, but the PDPB closely follows GDPR principles and is expected to become law soon.