New CA Law Aimed at Screening Firms Who Offshore

Jason Morris

California SB 909 was just signed into law and will require background screening firms to be upfront about off-shoring personally identifiable consumer data.   The new law is set to go into effect on January 1, 2010.   As a reminder EmployeeScreenIQ DOES NOT off-shore any of our work, all work is conducted and maintained in the United States.

Another provision of the law requires a person who procures or causes to be prepared an investigative consumer report for employment purposes to provide a consumer with the Internet Web site address or telephone number of the investigative consumer reporting agency where the consumer may find additional information about the agency’s privacy practices.  This likely means that if you are a California employer, your applicant release will need updating. Stay tuned for more info on this.

According to attorney Pamela Devata of Seyfarth Shaw:

The Governor signed and secretary of state chaptered SB 909 yesterday.

In it’s final form, the bill will require a person who procures or causes to be prepared an investigative consumer report for employment purposes to provide a consumer with the Internet Web site address or telephone number of the investigative consumer reporting agency where the consumer may find additional information about the agency’s privacy practices.

This bill will also require an investigative consumer reporting agency to conspicuously post on its primary Internet Web site information describing its privacy practices with respect to its preparation and processing of investigative consumer reports, or, if it does not have an Internet Web site, to mail a written copy of the privacy statement to consumers upon request. The bill also makes an investigative consumer reporting agency liable to a consumer who is harmed by any unauthorized access of the consumer’s personally identifiable information, act, or omission that occurs outside the United States or its territories, as specified.

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Jason Morris

President & Chief Operating Officer at EmployeeScreenIQ
A veteran screening and risk management professional, Jason Morris founded EmployeeScreenIQ in 1999 and acts as the company’s chief operating officer and president. Morris is a frequent speaker delivering captivating, interactive discussions on background checks, global screening, recruitment and staffing. He educates audiences in best practice initiatives as they relate to organizational employment screening programs. Morris has been quoted in numerous business and industry publications including The Wall Street Journal, MSNBC.com, USA Today, New York Times, among others. He is also a licensed private investigator in the states of Ohio, Illinois, New Jersey, Texas, Arizona and Nevada.
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