California Senate Bill 909 Mandates Disclosure of
Personal Data
If Sent Off-Shore By CRA's.
Identity
Theft continues to grow at an alarming rate.
Unfortunately, some Consumer Reporting Agencies
(CRAs) may be contributing to this phenomenon. In
an effort to cut down on their costs many are
outsourcing their screening processes to other
countries. (India is a common destination.) The
problem is that once an applicant's personal
information has been sent off-shore there are
virtually no laws protecting him/her. It is fair
game for a variety of unscrupulous entities. There
have already been several documented cases of
Identity Theft as a result of this process.
Employment Screening
Services, Inc is proud to be a co-sponsor of
proposed California Senate Bill 909 which seeks to
protect employers and job applicants from off-shored
transactions. Although the bill does not prohibit
the procedure, it requires CRAs to notify their
clients (employers) and applicants that their
personal information will be sent off-shore for
processing. It also requires the applicant's
permission in writing.
In
addition, the law would "prohibit an investigative
consumer reporting agency from transmitting a
consumer's social security number, except for the
last 4 digits, outside of the United States or its
territories." It would require these agencies to
"adopt and publish a privacy policy relating to
information contained in reports that are prepared
or processed outside of the United States." The bill
would further provide that an investigative consumer
reporting agency is "liable to a consumer who is
harmed by any act or omission that occurs outside
the United States or its territories." (It would
exempt these requirements for those conducting
background checks on individuals living outside the
United States.)
It is our hope this
bill will be passed by the California state
legislature. It may then become a precedent for
other states to follow. Some similar form of
federal legislation may eventually be adopted as
well.
Employment Screening Services, Inc is already
compliant with the proposed law. So as a client you
are protected and would not need to make any changes
to your existing process. We will keep you apprised
of the status of the bill.
To View the actual
bill,
Click Here
