Background Checks Bill to Provide Greater Transparency, Legal Certainty

Luxembourg's Ministry of Justice has presented a bill on good repute procedures, which is expected to provide more transparency and legal certainty around background checks.

On Wednesday 11 November 2020, the Minister of Justice, Sam Tanson, presented Bill No. 7691 relating to the procedures of good repute. She explained: “The purpose of this bill is to specify the various 'good repute' procedures currently provided for in the laws falling under the jurisdiction of the Minister of Justice. A legal framework, aimed at strengthening fundamental rights, will now set out background checks in order to determine the purposes of the processing operations carried out, to limit consultation to the data necessary, in accordance with the principle of proportionality, and to limit the retention period of data consulted by the competent authorities if necessary”.

These changes were decided in the context of discussions on judicial and police authorities' records, with the intention of ensuring that background checks are fully compliant with recent national and EU data protection legislation. According to the Justice Ministry, the new texts will guarantee more transparency and legal certainty for individuals.

Background checks are required in so-called sensitive matters which require special guarantees from persons exercising certain functions or missions to whom particular attributions are delegated, for example notaries, or in the context of requests for approvals or authorisations, including that of carrying a weapon.

From now on, the background check procedures will clearly state the purpose and the data consulted by the competent authorities during such checks. Aware of the interference in private life that such checks may entail, a gradation will be introduced to ensure that only the data necessary for the assessment of an individual's request are taken into account, in accordance with the proportionality principle.

Background checks in connection with requests for authorisation to acquire a weapon will be more extensive and will make it possible to trace acts of violence that may go beyond five years.

Justice Minister Sam Tanson summarised these procedures as follows: "The candidate or applicant must be able to know the elements and data that are subject to verification. The principle of proportionality must be guaranteed and the right to data protection must be respected. The verification must effectively meet objectives of general interest or the protection of the rights and freedoms of others".