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Feb/10

7

Background Checks – Ethics and privacy

Did you know that it is illegal to hire or refuse a job offer to a person if the decision was based on a background check report and the principal owner acquired has the applicant's consent.

There are many rules and laws governing fair and proper use of public information. This was not always so, with the increase in online searches on individuals, the appropriate use and privacy regulations regarding the use and sale of public record data very well defined before.

Here are some of the agencies and legislation that have had a significant impact on the industry background check.

IRSG
In 1997, a group of free and voluntary regulation of companies joined together to form individual references Services Group (IRSG). His commitment (all were familiar with the industry) was to define and adopt a set of self-regulatory principles governing the dissemination of private or personal data.

Eleven principles were defined, including Education, precision, limitations on the distribution of non-public information, privacy and protection of minors.

The IPCC was dissolved in 2001 as the strictest applicable law was enacted.

FCRA
While the IRSG, were autonomous and organization, the Fair Credit Reporting Act (FCRA) is legislation that has a very specific language about the use of public register information to make decisions about employment or rental. The FCRA defines a background report (and a credit report for that matter) as the report of a consumer and a series of restrictions placed on aging and the use of public register data. Here is a good reference for more information on the legislation surrounding employment background FCRA.

Gramm-Leach-Bliley
On 12 November 1999 Congress enacted the Gramm-Leach-Bliley Act (GLBA), also known as the Law of Financial Services Modernization. While this comprehensive bill that covers many other issues also created very specific legislation on the use of financial privacy of data. The reason this is relevant is that much of the public record data distributed as a background check are obtained from the data obtained from credit bureaus, such as trams Union, Equifax and Experian.







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