Background Screening Company has propably provided wrong personal data for me.

[gekas]

I had been offered a job in UK with an investment bank. The contract had the precondition of successful accomplishment of some background check. I wasnt able to start my job until all criminal/credit history, identity, employment, studies verification etc where cleared.

I suspect that the screening company that was paid from my future employer to prove who I am has totally failed to verify many of this data. Consequently I had the job offer withdrawn.

I want to sue the screening company and get them to the court for compensation. Since I dealed with them for 2 months, trying to verify all these stuff to them, I realised how horribly incompetent they are on what they are doing.

To make things clear I want to clarify that almost all of the problems that appeared during this background screening process were in countries outside of UK. In countries that I was studying and working. The law about personal data and which of them are sensitive could be totally different outside of UK.
eg. My ex-employer in Poland was refusing to provide information of employment for me to them since they are 3rd party company and it took them 2 months to realise this and inform me although I had given them 2 or 3 times the authorisation to do it.
The university I studied is also not giving this information in every random "screening agency" that may call to ask such a question, stating that this is highly sensitive data. Actually what is "screening agency" means absolutely nothing to them I think.
Another example. They were complaining that my utility bill in my homeland where I live currently comes with the last name first followed by the surname. eg "Cameron David" no matter how strange this sounds in UK. I tried to explain them lots of times that is the case not only here but also in many other EU countries. And the bill is printed like that and not the other way round. e.g. "David Cameron" as expected in UK. Of course they kept on complaining.

Anyway I can go on giving endless examples of how horrible they proved themselves in screening in EU. I lost 2 months exchanging about 70 mails with them for not reason at all.

My point is that they pretend the "ultimate global detectives" although they have no idea how to do their job outside of UK, which data they can access and which not etc. Probably they gave a horrible report to my future employer and this lead in my rejection.

I lost my job offer that I was pursuing 6 months and now I am unemployed because of them.

For sure they hold personal inaccurate data about me.

I can read on the site of Information Commissioner's Office that "As an individual you may go to court to claim compensation for damage or distress caused by any organisation if they have breached the Data Protection Act."
I guess its possible? Please help I want the opinion of some lawyer.

[charitynjw]

Re: Background Screening Company has propably provided wrong personal data for me.

Hi gekas & welcome to Legal Beagles.

(My opinion only)

To summarise:

You applied for a job, & were accepted pending a positive CRB/DBS check.
The resultant check was not very positive.
You believe the contents of the check are inaccurate.
You were subsequently turned down re the job.
You wish to claim compensation from someone (the responsible party).

The prospective employer has relied on the CRB/DBS check - they probably didn't consider it to be inaccurate. They have paid for a service from a professional, so they are justified in believing it to be correct.

The 'screening company' [sic] has sourced data (or failed to do so) from various parties, many/most of which are not in the UK.
If this data is not accurate, you are within your rights to complain & have correction made. You would have to prove the inaccuracies; just saying they are wrong is not enough.
As for suing, you have to go through their complaints procedure first of all; the court would take a dim view if you didn't.
You would then need to consider some other form of sorting out your grievance ie Alternative Dispute Resolution
Going to court should be the last option if all else fails.

That's enough from me at the moment.