Personlig integritet eller kontroll? En analys av de motstående intressen som finns för registerkontroll och dess förutsättningar som rekryteringsverktyg

Sammanfattning: Criminal background checks, using the section 9 request (9 § lagen (1998:620) om belastningsregister), has increased tremendously the last 20 years. From 40 000 requests 2003 to 306 000 requests 2022. Criminal background checks are most often used by employers in the employment procedure but there are disagreements whether it should be used or not because of the violation of privacy. The purpose with the section 9 request was never to be abused by employers to check the criminal status (strafflöshetsintyg), but only by looking at the increase in the last 20 years we can confirm that this has already come true. In response to this development, the government has investigated the matter several times to find ways to keep the criminal background checks more restricted. In an investigation from 2014 (SOU 2014:48) a general prohibition to check criminal records without support from law was suggested. The suggestion was criticized thus the proposition was never instituted. A new investigation from 2019 (SOU 2019:19) suggested an extension of the law in case the prohibition was to be implemented. Now four years have passed and still there is no sign of any prohibition nor extension of the law. This thesis aims to examine the opposing interest regarding criminal background checks, the protection of the personal integrity versus employers’ interest in controlling their employees. The thesis also aims to examine the conditions for criminal background checks as a tool for the recruitment process as well as to examine the legal consequences of establishing a general prohibition relative to the purpose with criminal background checks. In an examination of the opposing interests, personal integrity is deemed of most importance. The government emphasizes a restrictive approach and there is no indication of change. At the same time the investigation from 2014 (SOU 2014:48) and the ruling from Högevall (Högevallsdomen) suggests that the use of background checks is of limited value to the recruiting process, thus there is reason to dispute the increased use. A general prohibition is an appreciated suggestion from most of the referral bodies (remissinstanserna), but there is nothing indicating such action is underway. The development of the extended proposition leans towards a facultative form (fakultativ registerkontroll). However, the solution to this matter is by no means more investigation, but a call for decision from the government.