State Laws Restricts Employers’ Use of Social Security Numbers

In recent years identity protection has become an increasingly big deal. Specifically, the handling of Social Security Numbers (SSNs) by companies has been reworked in a number of states in order to better safeguard their employees against identity theft. The sudden concern arose primarily due to companies putting employee’s financial information at risk for years by asking for SSNs in places they really do not need to be. Identification cards, employment applications, pay stubs, mail, or even the electronic transmission of SSNs via the internet all unnecessarily heighten the risk for identity theft. With today’s criminals consistently finding new ways to exploit inadequate security systems, it’s important that companies and employers strive to cut down on excessive exposure of sensitive information.

In most states across the U.S. it is illegal to do the following:

  • · Publicly display or post more than the last four digits of SSNs.
  • · Print SSNs on employees’ badges, parking permits or timecards.
  • · Require people to use their SSN to access a website unless encrypted or over a secure connection.
  • · Use more than the last four digits to access a website unless a password or other unique identifier is also required.
  • · Use more than the last four digits of an SSN as an employee number.
  • · Send SSNs through the mail, unless the documents are applications or other such forms; and then SSNs must not be visible through a windowed envelope.
  • · Keep unsecured files containing SSNs and allow non authorized personnel access to such files.

The California Office of Privacy Protection has put together a set of recommendations, click here, for any entities who wish to tighten up their SSN practices.

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Internet Background Searches – Should YOU Use Them?

It’s no surprise that basically anyone and everyone can conduct a simple background check on whoever they like. With companies like EasyBackrgoundCheck.com and nationally-recognized BeenVerified.com, individuals and companies can input basic information about a person and obtain “background” information on that individual.

While it is fine for people to use internet background check services like these for personal use, it is important to realize that these companies are simply “public record aggregators,” and thus not a replacement for traditional pre-employment background screening or private investigative services.

Internet aggregation services are a cheap and quick way to get a bit of information on a stranger or person of interest, but are certainly not acceptable for hiring purposes. Under the Fair Credit Reporting Act (FCRA) information that is supplied by a 3rd party vendor for hiring purposes needs to be both accurate and current (not older than seven years). Furthermore, companies and organizations that are in fact going to use the information obtained from these internet aggregation sources for employment purposes, must obtain the applicants consent before doing so. In the case of hiring, the job applicant must provide an organization with signed written consent for performing an internet background check.

Companies and organizations that have written consent from applicants to do a background check still need to make sure that the information is accurate – in many cases, the information is not. BeenVerified.com for example even states: “we do not represent or warrant that the results provided will be 100% accurate and up to date.”

More often than not, those conducting internet background checks via aggregation services are not able find the right person to investigate either because their name is too similar to another person (think, “John Smith”) or the person has taken steps to protect their internet privacy (think, “do not call list”… but more like the “do not internet background check me online list”). How could an individual do this without countless hours spent searching online? You might ask.

Well, there are a number of ways individuals can hide, block and even remove information about them so that internet background check websites cannot find them. Read this article by BGR.com explaining all the ways you can put yourself on the “do not internet background check me online list” for all the major internet aggregation sites such as BeenVerrified.com.

The best practice available for a company or organization that is looking to conduct background checks on job applicants and employees is to use a trusted company such as First Contact HR. To see what background screening services First Contact HR can provide to individuals and companies, Visit: FirstContactHR.com

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Steps for Employers on complying with the FCRA when Conducting Internet Background Checks

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The Federal Trade Commission (FTC) recently gave an official thumbs up for the use of Internet background checks on job applicants from search engines and social media sites such as Facebook, Twitter and LinkedIn.

However, conducting Internet background checks comes with some risks. Employers and service providers utilizing Internet background checks must comply with the Fair Credit Reporting Act (FCRA), which is charged with regulating the use of consumer information.

To make sure you are complying with FCRA regulation and to minimize the risk that come with using the Internet for conducting background checks, consider the following steps:

  1. Consult with a reputable human resource professional and/or attorney to develop a written policy and fair, non-discriminatory procedures designed to locate information that is a valid predictor of job performance. Employers should focus on objective criteria.
  2. Consider the use of Internet material later in the hiring process to avoid suggestions or claims that the information was used to discriminate. A more conservative approach would be to use the Internet only after a conditional job offer has been made.
  3. Take steps to ensure that the information uncovered online does not adversely impact persons in a protected class based on prohibited criteria such as: race, creed, color, nationality or age (40+). All of these and other protected criteria of applicants may be revealed inadvertently by an Internet search.
  4. Avoid accessing information protected by state law that is considered legal “off duty” conduct. Many states have specific statutes that protect applicants and employees who engage in certain lawful activities, such as tobacco and lawful product use.
  5. Request job applicants to complete a consent form to enhance your legal protection, and perform the Internet search only after a job offer is made, contingent upon completion of a background check that is satisfactory to the employer.
  6. Take steps to have a written policy in place. For employers who recruit at colleges, there is a growing trend to require employers to notify students in advance as to their policy for searching the Internet for an applicant’s online identity.
  7. Avoid use of any fake identities or engage in “pretexting” to gain access to online information. For instance, a recruiter should not be tempted to use a co-worker, friend or family member’s Facebook account to gain access to information about a job applicant.
  8. Access and use only relevant and permissible information for making employment decisions. When using in-house staff to conduct Internet searches, ensure they are trained in the non-discriminatory use of online information, knowledge of the job description, and use of objective methods that are the same for all job candidates for each type of position.

Employment background screening reports can include information from a variety of sources: credit reports, past employment and salary history from employers, federal and county court records – and these days, even social media.

But regardless of the type of information contained in a report you use when making hiring decisions, the rules remain the same. Companies that provide reports to employers, and the employers using those reports must comply with the Fair Credit Reporting Act.

For the full article and for more articles like these, please subscribe to the First Contact HR Newsletter.

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