TL;DR. Israeli law permits reference checks and candidate-initiated police certificates. Employers cannot demand criminal records, credit checks, or social-media screening. Foreign hiring practices (US-style background vendors, credit scoring) are illegal in Israel. Digital Hunters runs consent-based reference verification as part of recruitment packages.
If you are hiring Israeli talent for the first time, the background-check rules will surprise you. US and UK hiring managers expect to run a third-party background vendor, pull credit, check for criminal history and cross-reference social media. In Israel, most of that is unlawful. The Privacy Protection Law (1981) and the Equal Employment Opportunity Law (1988) have built a framework that inverts the default. You can do very little unless the candidate explicitly asks or consents.
This article explains what background checks mean in the Israeli labor context, what is legal, what will put you in violation of privacy law, and how to structure a compliant reference and verification process for foreign hiring into Israeli roles.
The Israeli Privacy Protection Law and employment screening
The Privacy Protection Law of 1981 is Israel's closest equivalent to GDPR, but it predates GDPR by 35 years and was written before the internet. Its core principle is data minimization. An employer can only collect, hold and process personal information that is:
- Necessary for the job or function
- Collected with explicit, informed consent
- Kept confidential and limited to decision-makers
- Not sold, shared or kept longer than necessary
The law also gives Israeli citizens broad rights of access. If you collect data on a candidate, that person can demand to see it, challenge its accuracy, and demand deletion. That alone discourages speculative or exploratory background checking.
On top of the Privacy Law sits the Equal Employment Opportunity Law, which prohibits filtering candidates on race, religion, gender, sexual orientation, family status, disability, parenthood and military service. A background check that surfaces any of these—even indirectly—is unlawful, regardless of intent.
What you can ask for: the legal landscape
Israeli law permits the following background-check activities, provided the candidate consents in writing:
Reference checks and employment verification. Calling previous employers to verify job title, dates, responsibilities and general performance is standard and legal. This must be consent-based, and the candidate should know in advance that you are calling their employer. A written release or consent email is required.
Criminal record disclosure (limited scope). An employer can ask a candidate "Have you been convicted of a crime?" in writing, but only for roles where that information is directly relevant—security, childcare, finance, government. The candidate can refuse, and you cannot demand they produce a police certificate. If they volunteer to provide one, you can accept it. In practice, only the candidate can request a police certificate (Teudat Zihuy V'Hagshamat Takonot) from Israeli police; employers cannot obtain it directly.
Military background check (limited scope). For roles that require security clearance or access to classified information, the employer can ask about military service level, but only if the role has a genuine security requirement. This is narrow and sector-specific (government, defense contractors, some financial services).
Direct enquiry about conflicts of interest. You can ask whether the candidate is currently employed elsewhere, whether they have non-compete agreements they need to disclose, or whether they have other arrangements that would conflict with the role. The candidate can refuse.
| Check type | Legal in Israel? | Requirement | Role eligibility |
|---|---|---|---|
| Reference calls to past employers | Yes | Written consent from candidate | All roles |
| Criminal conviction question (self-reported) | Yes, limited | Written consent, relevance to role | Security, finance, childcare, government |
| Police certificate (candidate-provided) | Yes | Candidate requests it, shares voluntarily | Security, government, defense |
| Military service / clearance level | Yes, limited | Role must require security clearance | Government, defense, sensitive roles |
| Non-compete / conflict disclosure | Yes | Written question, candidate discretion | All roles |
| Education verification | Yes | Candidate consent, directly with institution | Roles where qualification is material |
What is prohibited: the legal red lines
Credit checks are banned. You cannot run a credit check on an employment candidate in Israel, period. This applies to all roles, including finance and senior management. The Data Controller's office has clarified that credit screening for employment is a privacy violation and a form of indirect discrimination. If your vendor offers credit-checking as part of a background-check package, you cannot use it in Israel.
Criminal-record lookups are prohibited. You cannot purchase or request a criminal-history report from a third party. You cannot query databases or request police records on behalf of the candidate. Only the candidate can request their own police certificate, and they are not obliged to share it with you.
Social-media screening is a grey zone, moving toward prohibited. Checking a candidate's public social media for political views, religious affiliation, family status or other protected characteristics is increasingly treated as discriminatory. Even "reputational risk" checks can trigger privacy complaints. If you screen social media, you are on legal thin ice. Stick to publicly listed professional profiles (LinkedIn) only, and do not compile or store screenshots.
Medical and health checks are restricted. You cannot ask about health, disability, pregnancy, family planning or mental health. Occupational-health screening for safety-sensitive roles (heavy machinery, aviation) is permitted, but only after a conditional offer and only via a licensed occupational health provider. You cannot do this yourself or via a third-party vendor.
Military-service questions beyond clearance are discriminatory. You cannot ask which unit the candidate served in, what they did, what their rank was, or whether they were drafted or volunteer. You can ask only whether they have a security clearance—and only if that clearance is relevant to the role. All other military-service questions are potential discrimination (e.g., filtering on religious-exemption status, combat-unit service, etc.).
Third-party background vendors from the US or UK often violate Israeli law. US-style background checks that include credit, criminal history, and social-media screening are largely non-compliant. If you use Checkr, GoodHire, Stripe Atlas or similar US vendors without legal review, you are likely breaking Israeli privacy law. Israeli employers who have contracted these vendors have been prosecuted by the Data Controller's office.
| Check type | Legal status | Why prohibited or restricted | Penalty for violation |
|---|---|---|---|
| Credit checks | Prohibited | Privacy violation; indirect discrimination | Fine + civil claim; Data Controller inquiry |
| Third-party criminal lookups | Prohibited | Privacy violation; employer cannot request records | Criminal prosecution possible; fine |
| Social-media screening | Grey / moving prohibited | Potential discrimination if protected traits surfaced | Civil discrimination claim + privacy complaint |
| Medical / health screening | Restricted | Disability and health discrimination law | Significant civil damages; regulatory penalty |
| Detailed military-service history | Restricted | Can proxy for protected status (religion, exemption) | Discrimination claim under Equal Employment Law |
How foreign employers commonly get this wrong
US and UK hiring teams assume background checks are routine. They are not in Israel. A hiring manager from the US who contracts a US background-check vendor without asking whether it is legal in the target market is likely breaking privacy law. The vendor will not warn you. Stripe, GitHub and other global platforms have faced Data Controller complaints for running illegal background checks on Israeli hires without consent or local legal review.
Credit scoring is a particular trap. Many global hiring teams believe a credit check is "due diligence" for senior roles or roles that touch financial systems. In Israel, credit scoring for employment is prohibited entirely, even for CFO-level hires. If the hiring process includes credit, you must remove that step before any Israeli candidate is involved.
Military service is overweighted. A common US and UK instinct is to see military service as a signal of discipline and to weight it heavily in hiring. In Israel, filtering on military service (or lack thereof) is discriminatory. You can acknowledge it on a resume, but you cannot make it a gate or criteria. Non-service candidates (religious exemption, diaspora-born, medical) are protected.
What Digital Hunters does: the compliant reference and verification model
Digital Hunters' recruitment packages (74,100 ₪ for 13 candidates, 4 weeks) include reference checks and pre-presentation verification conducted under Israeli privacy law. We obtain written consent from each candidate before contacting past employers. We limit questions to role-specific competencies, dates and responsibilities. We do not request criminal history, credit, military detail or social media. We do not use third-party background vendors. Results are shared only with the hiring manager and retained for the minimum period necessary.
For security-cleared or government roles, we can facilitate the candidate's own police-certificate request process if they volunteer it, but we do not demand or obtain it on behalf of the employer.
How to build a legally sound background-check process for Israeli hiring
- Get written consent. Email the candidate a statement: "Before we proceed, we'd like to conduct reference checks with your previous employers. We will contact only the people you authorize. OK to proceed?" Save the response.
- Specify what you will ask. Tell the candidate what information you are seeking: job title, dates, responsibilities, performance rating if available. Do not say "background check" (it implies criminal checks). Say "employment verification and reference."
- Call or email past employers directly. Do not use a third-party vendor. Ask only for the information you stated. Expect to talk to HR.
- Keep results confidential. Share the reference summary with the hiring manager only. Do not circulate it. Delete the detailed notes after the hire decision is made.
- Do not ask about protected traits. Do not ask whether the candidate was pregnant, disabled, religious, or has family obligations. Do not ask about their military service beyond whether they have a security clearance (if relevant).
- Avoid US vendors. If your parent company uses a US background-check vendor, get a legal review before involving any Israeli candidate. Deactivate credit, criminal and social-media screening completely for Israeli candidates.
Disclaimer: This article is for informational purposes and is not legal advice. Background-check compliance in Israel is complex and fact-specific. Consult a local employment lawyer before finalizing your screening process for sensitive roles or compliance-heavy sectors.
Running reference checks for Israeli hires?
We handle employment verification and reference calls under Privacy Protection Law compliance, 48-hour turnaround, included in all recruitment packages.
What your compliance checklist should include
Before you hire an Israeli candidate, use this checklist to ensure your background process is compliant:
- Do you have written consent from the candidate? If no, do not proceed.
- Are you using a third-party background vendor that includes credit or criminal checks? If yes, deactivate those modules for Israeli candidates.
- Are you asking about military service beyond clearance level? If yes, remove those questions.
- Are you screening social media for reputational risk? If yes, stop and consult a lawyer.
- Do you have a retention policy for reference data? If no, create one (typically 1 to 3 months post-hire).
- Have you shared the results with HR, payroll, IT security or others beyond the hiring manager? If yes, you may have violated privacy law.
Building a compliant recruitment pipeline in Israel?
Digital Hunters runs end-to-end recruitment for Israeli roles, from sourcing to reference checks to presentation, all under Privacy Protection Law compliance.