3 Laws Governing Federal Background Searchs
Before conducting a federal Background Search, it is best to get acquainted with the various laws and statutes governing the access and the use of personal data and public records. There are 3 main laws that you have to comply with when conducting a federal Background Search.
Gramm-Leach-Bliley Act in Federal Background Searchs
The Gramm-Leach-Bliley Act, also known as the GLBA, is an act that helped open the competition among various financial institutions in the country. Under this act, there are 2 main rules to be followed when conducting a federal Background Search.
The Financial Privacy Rule makes sure that the consumer receives a privacy notice from the financial institution every year, stating what information will be gathered from the consumer and how it will be used and shared. A federal Background Search will thus not be able to obtain certain information that the individual is entitled to keep private.
The federal Safeguards Rule obligates financial institutions to create and develop ways on how to protect the consumers’ personal information. When conducting a federal Background Search, it is important to know that under the GLBA, certain information cannot be shared.
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Fair Credit Reporting Act in Federal Background Searchs
The Fair Credit Reporting Act, also known as the FCRA, is an act that governs the credit rights of consumers. The FCRA regulates how consumer information is collected, shared and used. Thus, not all credit information can be retrieved in a federal Background Search.
Under the FCRA, negative credit information cannot be retained longer than a pre-specified period of time, generally 7 years. Thus, federal Background Searchs will not be able to show late payments or bankruptcies past the pre-specified time. If federal Background Searchs reveal any false information, then information providers will have to investigate any disputed data. Also, if a federal Background Search reveals negative credit information, and you use that federal Background Search information as a basis for not hiring or is used to fire an individual, under the FCRA, you are required to inform the individual.
Driver’s Privacy Protection Act in Federal Background Searchs
The Driver’s Privacy Protection Act, also known as the DPPA, is an act that oversees the release of personal information from the Department of Motor Vehicles. Only in selected purposes can the DMV release personal information. An individual conducting a federal Background Search can ask for personal information as long as he or she has a permissible use for the information. An individual conducting a federal Background Search can also ask for a masked abstract, which contains information about suspensions or traffic accidents.
Violations When Conducting Federal Background Searchs
When conducting a federal Background Search, it is important to know that certain information cannot be accessed because of these acts. If, while conducting a federal Background Search, you are caught violating any of the 3 aforementioned acts, you will be subjected to civil liabilities and penalties, which can amount to thousands of dollars.
When conducting a federal Background Search, keep in mind that there are other laws aside from these 3 governing access and use of personal information. It is a good idea to also familiarize yourself with these laws so that you can conduct a hassle-free federal Background Search.
However, a private background search is legally entitled to gather and display as much public information as possible about any individual.
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