Job applicants may be asked to provide personal data (including criminal records) when they apply for jobs. As data subjects, job applicants’ personal data privacy is protected under the Personal Data (Privacy) Ordinance (PDPO). As regards the disclosure of criminal records, according to the Rehabilitation of Offenders Ordinance (ROO), a rehabilitated individual does not have to disclose spent conviction records unless any of the exceptions under the ROO apply, for example, when applying for admission as a barrister, solicitor or an accountant, for a job in the disciplined services or for appointment as a senior civil servant or judicial officer.
To enable members of the public (in particular rehabilitated individuals) better understand the relevant legal requirements, the Office of the Privacy Commissioner for Personal Data published a leaflet on “Note for Job Applicants on Disclosure of Criminal Records”.
Please click here to download the “Note for Job Applicants on Disclosure of Criminal Records”.