Beyond The Net
Follow legalities before undertaking background checks
By Janine Warner
Today, thanks to a host of Web services, you can learn almost anything about anyone by simply filling out an online form. But beware! Just because it's easier to find this information doesn't mean it's legal.
The biggest problem is that laws vary from state to state, and it can be difficult to keep up with the slew of new laws that have been proposed to protect privacy and inform people about their own records.
One new law, recently passed in California, requires that any time a search is conducted the individual who is being researched must be informed.
''If an employment screen is done for a [California] job, the employee gets that background screen no matter what is reported,'' said Karol Pollock, corporate attorney for USSearch.com, an online research service based in Los Angeles.
The new law has led to increased interest on the part of individuals and shed light on just how complicated background searches have become and how many places information is culled from for these reports.
''We are getting a lot more calls now because people want to get things corrected,'' Pollock said.
But most websites that offer background checks don't maintain the databases they search so they can't make corrections themselves.
Pollock said the system at USSearch gathers as much information as is publicly available, including purchasing information from companies that sell consumer data, such as magazine subscriptions, credit-card records, and even the information collected on warranty cards.
Other research sites that use similar methods include Efindoutthetruth.com, USSearch and NetDetective.
''A lot of mistakes can happen,'' Pollock said. For example, suppose what a mess it would be ''if you sent in a warranty card and the person who keyed it in misspelled your street name,'' she said. In addition, she said, ``A lot of people have the same name so there can be many matches.''
The more information you have about an individual, the more accurate the search. But Pollock said there are many restrictions on who can legally do searches, especially if the search involves a Social Security number.
In general, businesses are allowed to conduct more comprehensive searches than individuals, Pollock said, because lawmakers seem to think companies are less likely to become stalkers or to commit identity theft. But, she said, most of the restrictions are complicated because they are based on the Fair Credit Reporting Act and EEOC requirements.
''We have stricter guidelines than some of our competitors,'' said Bob Schwartz, executive vice president of USSearch.com. ``We think they are setting up purchasers for potential problems because they may let you search for things you shouldn't.''
For example, he said, when someone does a background check at USSearch.com they have to enter the age of the individual for whom they are searching. ''You have to enter an age because it's our policy not to search for people under 18,'' he said.
Criminal checks are even more complicated and regulated, Pollock said. ``We advise customers about options. Depending on the purpose, there are a lot of laws that apply.''
Most reputable research firms require that employers have a signed document providing consent from the individual to do a search if it includes certain kinds of information, such as a Social Security number, date of birth or driver's license number.
In addition, federal law requires that you notify potential employees if the results of the background check adversely affect the hiring decision. For example, if you do a background check on a potential employee and then decide not to hire the person because you discover he or she is a convicted felon, you may be legally obligated to provide the candidate with a copy of the report.
The idea behind these laws is that individuals have the right to know what is being reported about them and should have a chance to correct information if it's inaccurate.
Businesses should be aware that what once was deemed a routine part of the hiring process may now get them in trouble. The bottom line: Just because it's easy to search for information, doesn't mean it's legal.
Violations can result in fines, Pollock said, adding, ``if you were really intentional and had criminal purpose, it could also result in criminal prosecution.''
Be careful to use a reputable search service, check state laws, and follow legal restrictions so you don't inadvertently break the law yourself and end up with something negative in your own record.
Janine Warner is an Internet consultant, speaker, and the author of several books about the Internet, including 'Managing Web Projects for Dummies' and `Dreamweaver for Dummies.'
First publication, The Miami Herald, Mon, Aug. 12, 2002
