In many situations, it becomes necessary to take a polygraph test to verify certain data and obtain truthful information about a person. In this case, it is important to clearly answer the following questions:
- Is it possible to refuse a lie detector test?
- What are the consequences of refusing to visit a polygraph examiner?
- Is there criminal liability for refusing to take a polygraph test?
It is clear that, under current legislation in Ukraine, such a procedure occurs only with voluntary consent to testing.
What is a lie detector?
A specialized device is designed to monitor and record a person’s psychophysiological parameters. The device’s operation involves analyzing the data strictly according to an established methodology. A professional polygraph examiner conducts a survey using a prepared set of questions and simultaneously records the subject’s reactions during the interview.
The most important parameters for analysis are considered to be the intensity of sweating, changes in blood pressure, breathing rhythm, and the presence of tension in the vocal cords.
The legality of refusing to take a polygraph test
The activities of experts are fully regulated and must comply with the provisions set out in the following documents and legislation:
- Constitution of Ukraine;
- Labor Code;
- Convention for the Protection of Fundamental Freedoms and Human Rights;
- Law “On the Protection of Personal Data”;
- “On state secrets”;
- “About information”.
If the citizen refused pass a polygraph test For various reasons, they may be subject to administrative or criminal liability. Test results are accepted in court only in cases where the individual has given full and informed consent to take the lie detector test.
Several important points regulate the process of passing the lie detector test:
- the procedure takes place only after voluntary agreement;
- The respondent can stop testing at any time during the testing;
- no liability for failure;
- You can familiarize yourself with the survey topic and the list of questions in advance.
It is also not necessary to explain the reasons for refusal.
What happens if I refuse to take a lie detector test?
The use of polygraph examinations in various areas of our lives is constantly growing in popularity. This procedure is used in recruiting, testing employee loyalty, obtaining important investigative information, and resolving domestic disputes. However, there is a legal right to refuse testing. Therefore, it is important to understand the legal and moral implications of such a decision.
You can only take a polygraph test voluntarily, but what pitfalls does such a decision conceal?
Potential difficulties with employment
For your potential employer, such an action would seem quite questionable. After all, a manager wants to have 100% confidence in an employee, especially when hiring for positions with increased responsibility due to factors such as:
- gaining access to important and confidential information;
- the position involves financial responsibility and work with finances;
- the need to achieve the highest level of trust in the team.
Many companies require job applicants to pass a polygraph test as a condition of employment.
Consequences for full-time employees
Refusal to undergo a lie detector test often negatively impacts an employee’s credibility. A reluctance to communicate with a polygraph examiner can be especially suspicious during internal investigations or in cases of leaks or disappearances of important information.
You shouldn’t appear to your colleagues as someone who is trying to hide facts or refuse to cooperate.
Advice for those wishing to opt out of testing
It’s better not to avoid dialogue and remain silent, but to attempt to politely clarify the terms, procedure, and objectives of the upcoming test. In most cases, after receiving an explanation, most people choose to take a polygraph test because they understand the necessity of such testing.
An alternative way out of this sticky situation is to request other verification methods:
- analysis of recommendations from previous places of work;
- familiarization with cover letters;
- psychological interviews.
To avoid negative feedback from your employer, it’s best to consult with specialists and find a compromise between you and them.
It is also better to take a polygraph test with the participation of professional polygraph examiners who work in strict compliance with all legal and ethical standards.