The Role of Media Searches in Background Checks

This is the eighth instalment in our 10-part series on unmasking insider fraud and implementing effective risk mitigation strategies.

In our previous posts, we've discussed the importance of comprehensive background screening and various tools available to mitigate insider fraud risks. One such tool that has gained prominence is media searches. In this post, we'll explore how media searches can uncover red flags during background checks, provide real-life examples, and discuss the compliance considerations that HR professionals and compliance officers need to be aware of.

What Are Media Searches?

Media searches involve examining publicly available information from a wide range of sources to gather insights about a candidate. These sources can include:

• News Articles: Local, national, and international news outlets.

• Online Publications: Industry journals, blogs, and professional forums.

• Social Media Platforms: Public posts on platforms like LinkedIn, Twitter, and Facebook.

• Public Records: Court records, regulatory filings, and official notices.

The goal is to identify any adverse information that may not appear in traditional background checks, such as criminal records or employment verification. Media searches can reveal involvement in litigation, regulatory breaches, unethical behaviour, or association with negative events.

How Media Searches Uncover Red Flags

Media searches can be instrumental in uncovering issues that candidates may not disclose or that standard checks might miss. Here's how they can help:

1. Identifying Unreported Criminal Activity

   Not all criminal activities result in convictions or are recorded in official databases. Media reports may highlight arrests, charges, or investigations that haven't led to a criminal record but are still relevant to an employer.

2. Revealing Professional Misconduct

   News articles and industry publications may report on professional misconduct, such as breaches of regulatory compliance, unethical practices, or disqualifications by professional bodies.

3. Highlighting Financial Irregularities

   Media coverage can expose involvement in financial scandals, bankruptcies, or fraud cases that may not be evident from financial checks alone.

4. Assessing Reputation and Public Perception

   Understanding how a candidate is portrayed in the media can provide insights into their reputation and potential risks they may bring to the organisation's image.

5. Uncovering Inconsistencies

   Discrepancies between a candidate's provided information and what's reported in the media can signal potential integrity issues.

Real-Life Examples

Let's revisit some cases from earlier posts to illustrate the impact media searches could have had:

1. Peter Omoruyi: A Missed Opportunity for Detection

   Background: Peter Omoruyi, a convicted sex trafficker, managed to work with vulnerable teenagers in the UK due to gaps in background checks. Traditional screening failed to uncover his criminal activities abroad.

   Media Search Impact: A comprehensive media search might have revealed international news articles or reports about his involvement in criminal activities, alerting the organisation to the risks.

2. Carl Stokes: Misrepresented Qualifications Exposed

   Background: Carl Stokes misrepresented his qualifications as a fire safety assessor, contributing to inadequate safety assessments in the Grenfell Tower tragedy.

   Media Search Impact: Industry publications or online discussions may have highlighted concerns or complaints about his work, providing early warnings about his misrepresentations.

3. Brandon Leung: Prior Incidents Revealed

   Background: Despite previous convictions for theft, Brandon Leung secured employment and later committed fraud by manipulating payment systems.

   Media Search Impact: Local news reports or court records available online could have disclosed his prior convictions, helping employers make informed hiring decisions.

Compliance Considerations

While media searches are valuable, they come with compliance and ethical responsibilities. HR professionals must navigate these carefully to avoid legal pitfalls.

1. Data Protection and Privacy Laws

   Under the UK GDPR, employers must ensure that the processing of personal data is lawful, fair, and transparent.

   • Lawful Basis: Employers must have a legitimate interest in conducting media searches, and the processing should be necessary for that purpose.

   • Transparency: Candidates should be informed that media searches are part of the background screening process.

   • Data Minimisation: Only relevant information should be collected and used.

2. Accuracy and Reliability of Information

   Media reports can sometimes be inaccurate or misleading.

   • Verification: Cross-reference information with multiple sources to confirm its accuracy.

   • Context: Consider the context and timing of the information. Outdated or contextually irrelevant data should be assessed carefully.

3. Avoiding Discrimination

   Employers must ensure that the use of media searches does not lead to unfair discrimination based on protected characteristics such as race, religion, or political beliefs.

   • Objective Assessment: Focus on information relevant to the candidate's ability to perform the job.

   • Consistent Application: Apply media searches uniformly across all candidates for similar roles.

4. Right to Be Forgotten

   Candidates have the right to request the removal of certain information from search engines under specific circumstances.

   • Consideration: Be aware that some information may have been legally removed and may not reflect current realities.

5. Documenting the Process

   Maintain records of the media search process, including sources checked and how information was used in decision-making.

   • Accountability: Documentation supports compliance with legal obligations and provides justification for hiring decisions if challenged.

Best Practices for Conducting Media Searches

To maximise the effectiveness of media searches while adhering to compliance requirements, consider the following best practices:

1. Develop a Clear Policy

   Establish a policy outlining when and how media searches will be conducted, ensuring it aligns with legal requirements and organisational values.

2. Obtain Candidate Consent

   Inform candidates that media searches are part of the screening process and obtain their consent.

3. Use Professional Screening Services

   Consider engaging reputable screening companies that specialise in media searches and understand compliance considerations.

4. Focus on Relevance

   Limit searches to information relevant to the candidate's suitability for the role.

5. Provide Candidates an Opportunity to Respond

   If adverse information is found, give candidates a chance to explain or contest the findings.

   

   Integrating Media Searches into Your Screening Process

   Incorporating media searches into your existing background checks enhances the overall effectiveness of your screening programme.

   • Timing: Conduct media searches after initial screenings to avoid unnecessary processing of personal data for unsuitable candidates.

   • Consistency: Apply the same search criteria and processes for all candidates in similar roles.

   • Collaboration: Work closely with legal and compliance teams to ensure adherence to all regulations.

Challenges and How to Address Them

Media searches can present challenges that need careful management.

Information Overload

Solution: Define clear parameters for searches to focus on relevant information. Use keywords related to professional conduct and the specific role.

Misidentification

Solution: Verify that the information pertains to the correct individual, especially if they have a common name. Cross-reference details like location, employment history, and education.

Biased Sources

Solution: Assess the credibility of sources. Give more weight to reputable news outlets and official records over personal blogs or unverified social media posts.

Conclusion

Media searches are a powerful tool in uncovering red flags that traditional background checks may miss. By identifying issues such as unreported criminal activity, professional misconduct, or reputational risks, organisations can make more informed hiring decisions.

However, it's essential to balance the benefits with compliance considerations. Adhering to data protection laws, ensuring fairness, and respecting candidate rights are paramount.

HR professionals and compliance officers must implement media searches thoughtfully, integrating them into a comprehensive screening strategy that safeguards the organisation while respecting individual privacy.

In our next post, we'll discuss how to implement continuous monitoring and re-screening processes to maintain ongoing vigilance against insider threats.

Stay tuned for Part 9: "The Importance of Continuous Monitoring and Re-Screening" coming soon.