Internet Privacy Review > Privacy News >

BACKGROUND CHECKS

Description of issue. Previous sections describe what can happen if data files contain erroneous information. This situation is particularly harmful to job applicants when background checks uncover wrongful criminal records and other inaccurate data. Unless the employer notifies the job applicant of the contents of the investigation, that individual may not learn why he or she was rejected. Federal law requires such disclosure (Fair Credit Reporting Act). But the law contains loopholes that the employer can use to avoid notifying the applicant that negative information in the background investigation resulted in their not being hired.

The information broker industry is growing dramatically. More and more government records are being sold by county and state governments, and to a lesser degree, by federal agencies to private sector data vendors. Companies like Choicepoint and Lexis-Nexis compile records from thousands of sources and make them available to their subscribers, usually law enforcement agencies, private investigators, attorneys, debt collectors, skip-tracers, insurance claims investigators, and media outlets, among others.

Some information brokers provide their databases for a fee on Internet websites, hawking their wares with "spam" messages that promise, "You can find anything about anyone for just $29.95." Anyone with a working credit card account can access these services, whether or not they have a legitimate business purpose. Those who use the services of these online information vendors are under no obligation to report their findings to the data subject.

Looking ahead. The cost of background checks has decreased dramatically in recent years. As a result, more employers are conducting them. Investigations are going beyond a simple reference verification or credit report to include criminal background checks. Since the terrorist attacks of 9-11, an increasing number of employers are conducting background checks of new hires as well as existing employees.

It's fair to say that a significant percent of background checks are retrieving information that is either incorrect or misleading. As discussed in the "data profiling" section above, there is no such thing as a perfect database. Because of loopholes in the law, the subjects of background checks might never know the contents of their investigations and the reasons they are not able to land a job.

Legislative amendments to federal and state laws that govern "investigative consumer reports" must be passed into law in order to prevent a significant number of individuals from being harmed by erroneous reports. California recently amended its investigative consumer reporting act to require that all individuals who are the subject of background checks, with exceptions for suspicion of wrongdoing, have the opportunity to receive a copy of the report.

Erase Internet Privacy?

Read the review of our #1 recomendadion for Online Privacy Software

View our Comparision Chart of all reviewed Online Privacy Software

You can now erase your internet tracks by using an internet privacy software. Read our reviews above.