Global PI, LLC takes pride in ensuring that we are in compliance with Federal and State laws.
Gramm-Leach-Bliley Act, 15 U.S.C. Section 6801 et seq. (“GLB") http://www.ftc.gov/privacy/glbact/glbsub1.html
Driver’s Privacy Protection Act, 18 U.S.C. Section 2721 et seq., or similar state laws (collectively “DPPA”) http://www.dmv.ny.gov/forms/mv15dppa.pdf
Below are answers to many of the questions we receive:
What is a Permissible Purpose? Do I have a permissible purpose for requesting this information?
Permissible Purpose is the reason your organization is conducting background checks. Under Section 604 of the Fair Credit Reporting Act, there are certain permissible purposes allowing an organization to initiate a background screening program. The Act's defined Permissible Purposes include, but are not limited to:
The applicant’s written authorization
What is a Disclosure and Authorization form?
Disclosure and authorization is a required step under the Fair Credit Reporting Act. The Disclosure and Authorization form is the documentation used to obtain the candidate's prior authorization for the background check. Prior authorization is required before initiating a background check on any individual.
Where can I get the required FCRA forms for the background check?
Samples of all FCRA forms are available on our website for your use.
How long does a requestor need to keep the candidate’s signed authorization form on file?
The Disclosure and Authorization form should be kept on file for a minimum of 5 years as allowed under the federal statute of limitations for civil filings of non-compliance.
Why are there separate regulatory forms for certain states such as California and New York candidates?
The states of California, Oklahoma, Connecticut and Minnesota require organization’s to provide the candidates with the opportunity to request a copy of their completed background check. The candidate can initiate this request at the time of their original consent.
In addition to this requirement, the state of California has their own “Summary of Rights” document (under California Civil Code 1786.22) that must be provided to the candidate at the time of consent and in those instances where employment is denied based on the results of the background check.
New York Requirements
In New York, companies must provide applicants who are subject to criminal background checks with a copy of the Article 23-A of the Corrections Law titled, "Licensure and Employment of Persons Previously Convicted of One or More Criminal Offenses." New York employers must provide a copy of the above document to the applicant:
Before a criminal history report is requested from Global PI, LLC AND If the employer receives a background screening report reflecting a criminal conviction. This legislation also requires employers to post a copy of Article 23-A of the Corrections Law and related regulations clearly in the workplace.
What is the purpose of Pre-Adverse and Adverse Action letters?
Pre-Adverse and Adverse Action letters give the candidate the opportunity to dispute information provided in their report that they believe is erroneous. These steps were designed to provide candidates protection from mistakes as a result of human error, mistaken identity, outdated information, etc.
Do I have to send a copy of the report to the candidate if they request it?
Yes, the candidate has the right under the FCRA to obtain a free copy of their background screening report at their request. Global PI, LLC can provide report copies to your candidates upon request.
How long are the results of a background check considered relevant?
Although not required, the federal Fair Credit Reporting Act (FCRA) does state you must use the most current information possible and after 30 days any public records are considered out of date. Global PI, LLC recommends running annual background checks to ensure nothing has occurred in the past year since the initial background check was originally conducted.