Legislation and Compliance update - Investigative Consumer Reporting Agencies: Disclosures

On September 28th California Governor Schwarzenegger signed SB 909 which amend Sections 1786.16 and 1786.20 of the Civil Code, relating to personal information.

Specifically SB 909 will require a person who procures or causes to be prepared an investigative consumer report for employment purposes to provide a consumer with the Internet Web site address or telephone number of the investigative consumer reporting agency where the consumer may find additional information about the agency's privacy practices.

Furthermore the new bill will require an investigative consumer reporting agency to conspicuously post on its primary Internet Web site information describing its privacy practices with respect to its preparation and processing of investigative consumer reports, or, if it does not have an Internet Web site, to mail a written copy of the privacy statement to consumers upon request. The bill would provide that an investigative consumer reporting agency is liable to a consumer who is harmed by any unauthorized access of the consumer's personally identifiable information, act, or omission that occurs outside the United States or its territories, as specified.

This new clause will go into effect Jan. 1st 2012.

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Michael Klazema

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Michael Klazema is the lead author and editor for Dallas-based backgroundchecks.com with a focus on human resource and employment screening developments

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