BACKGROUND INVESTIGATOR JOBS
Access to backgroung check public records and personal information is governed by several federal laws. The Gramm-Leach-Bliley Act (GLB) regulates the disclosure of personal information maintained by financial institutions. The Fair Credit Reporting Act (FCRA) governs access to consumer reporting Information. The Drivers Privacy Protection Act (DPPA) regulates access to background information in driving records. Various other federal laws contain privacy provisions that regulate access to public school and medical records and other types of records maintained by government agencies.
States also regulate access to government records and personal information. Consequently, records that are public in one state might be restricted in another. Voter registration records are public in Maine, for example, but it would violate Pennsylvania law to use state voter registration information for non-political purposes, such as locating a missing heir.
Even when government records are generally available to the public, there might be restrictions on how you use the information. Some states, for example, do not allow employers to consider arrests unless the arrest resulted in a conviction. In fact, if a client wants background research on a current or prospective employee, the privacy provisions of the FCRA kick in, requiring consent and disclosure.
Researchers who investigate people, therefore, should be familiar with these various laws and their exceptions or permissible uses. Permissible uses differ under each law, but many allow access for litigation-related purposes. |