INDEX® RISES YET AGAIN
For the first half of 2011, more than one in
five of education claims on resumes were found to bemisrepresented.
Coming in at 21.05%, the current rate was exceeded only on three
other occasionsout of the 32 calculations since 1995. And the
two-year rolling average rate has reached an all-timerecord,
19.00%, the highest rate in the ten years since the prior record
of 18.50% in 2001.
with permission of Jude M. Werra & Associates
To read more click
SHRM 2011 Annual National Conference Report
By Bruce Berg, Berg Consulting Group
than 650 exhibiting companies, the SHRM eXpo is the largest
trade show dedicated to human resource management products and
services and is always a centerpiece of the SHRM Annual Conference.
There were 40 exhibitors related to background screening and
30 of those had their total concentration in background screens.
Participating background screening firms ranged in size from
$4M in sales to hundreds of millions of dollars, The consensus
was they were extremely pleased with the quantity and the quality
of traffic to their booths. The paid attendance was 13,800 plus
4500 exhibitor personnel and others for a total of 18,300. This
compares to 2010 numbers of 16,400. Las Vegas still has its
To read more click
Checks" Come of Age: What Does It Mean for Employers?
the Federal Trade Commission (FTC) published a letter closing
its investigation into whether an "Internet and social media
background screening service used by employers in pre-employment
background screening" complied with the Fair
Credit Reporting Act (FCRA). At first blush, the letter
appears to be a non-event. However, the FTC's letter does contain
the following important conclusion: the "social check" service
known as Social Intelligence, "is a consumer reporting agency
because it assembles or evaluates consumer report information
that is furnished to third parties that use such information
as a factor in establishing a consumer's eligibility for employment."
In other word, employers that rely on a social check service,
like Social Intelligence, to search social media for information
about job candidates must comply with the FCRA.This conclusion
likely will have an impact on a substantial number of employers.
According to a recent study by the Society of Human
Resources Management (SHRM), more than 50% of employers
are relying on social media for recruitment purposes,
up from 34% in 2008, and another 20% plan to use social media
for recruiting in the future.
FCRA does apply, employers will need to take the following steps
vis-à-vis any applicant who is the subject of a social
more click here
Charges Get Erased
Carolinians have been securing expungements of their criminal
N.C. Administrative Office of the Courts
Criminal Database Poorly Maintained
records system California relies on to stop child abusers from
working at schools and violent felons from buying guns is so
poorly maintained that it routinely fails to alert officials
to a subject's full criminal history. The computerized log exists
to provide an instant snapshot of a criminal past, informing
police, regulators and potential employers of offenses such
as murder, rape and drug dealing in a person's background. But
nearly half of the arrest records in the database don't say
whether the person in question was convicted. Information from
millions of records buried at courts and law enforcement agencies
has never been entered in the system. So a small army of state
employees must spend precious time - and millions of dollars
each year - chasing paper records to fill in the gaps.
California has a shoddy system for collecting case results from
58 county courts and hundreds of local prosecutors and police
agencies, said Travis LeBlanc, a special assistant attorney
general who oversees technology operations in the state Department
of Justice. The final outcome -- guilty, not guilty, case dismissed
- is missing for about 7.7 million of the 16.4 million arrest
records entered into state computers over the last decade, according
to LeBlanc. More than 3 million of those are felony arrests.
To read more click
SCREENING NEWS (continued)
To Implement Tougher Criminal Background Checks For Caregivers
caregivers for some of Kentucky's most vulnerable citizens may
soon be subject to extensive criminal record searches, thanks
to a $3 million grant to establish a comprehensive statewide system
for thorough background checks."The Commonwealth of Kentucky is
very pleased to participate in this critical initiative that is
designed to help long-term care facilities and providers avoid
hiring individuals with certain criminal histories by conducting
federal and state level background checks on prospective job applicants,"
said Gov. Steve Beshear. "This falls directly in line with our
ongoing work to address elder abuse and improve patient care in
long-term care facilities."Currently, state law requires long-term
care facilities to conduct only name-based background checks for
their prospective employees. This grant, however, will help the
Cabinet for Health and Family Services (CHFS) purchase equipment
to conduct digital fingerprint background checks, which will ultimately
enhance patient safety.
is home to 590 long-term care facilities, 101 assisted living
facilities, and roughly 600 other providers who employ direct
patient access workers.
To read more
White Paper Examines Accuracy of Background Check Mobile Phone
Apps and Instant Background Check Web Sites
By Kerstin Bagus and Les Rosen
Users of mobile
phone apps and Web sites offering "instant" background checks
on anyone at any time with little effort or cost should be aware
that while these services are fast, cheap, and easy to use, they
may not provide entirely accurate information. In this informative
discussion for consumers and employers, Rosen and Bagus examine
background check mobile phone apps and instant background check
Web sites run independently of the Fair Credit Reporting Act (FCRA)
and reveal the benefits and pitfalls for both the person being
searched and the person or agency initiating the search. These
apps and web sites allow users to perform instant background checks
on anyone anytime from their mobile phones and computers by searching
publicly available records and checking social networking sites
such as Facebook, YouTube, MySpace, Twitter and LinkedIn. However,
while this kind of information is "viewed as a lead source for
further review" by professional investigators or researchers,
in the hands of the average person the data "can lead to hasty
and dangerous conclusions." The white paper also notes that unsuspecting
users of less-than-reputable background check apps or Web sites
may not understand that "it's just not that easy to get a complete
picture of an individual's background, particularly their criminal
history" due to the following considerations:
white paper also discusses how to select apps from reputable providers
that help users navigate results, social networking data, criminal
record databases, and special issues for employers, landlords
and volunteer agencies.
To read more
Million People In The U.S. Deliberately Manipulate Their Identities
Analytics, Inc ., a leader in consumer risk management, has
released results of an ID:A Labs study that found an estimated
45 million people in the U.S. have deliberately manipulated their
identities in applications for credit, cell phone service, auto
loans or other credit transactions. Looking beyond typos and name
changes, this study examined deliberate and improper variations
of Social Security numbers (SSNs), names and dates of birth (DOBs).
the first national study of people who are explicitly manipulating
identity information," said Dr. Stephen Coggeshall, chief technology
officer for ID Analytics. "While there is extensive research on
the crime of identity fraud and its victims, there is far less
on the actual perpetrators of the crime. Now for the first time,
there is a comprehensive view of who identity manipulators are,
where they are living and specifically how they are manipulating
their personal information."
To read more
amended to require credit score disclosures to adversely affected
July 21, 2011, employers who take adverse action against a prospective
or current employee based, in whole or part, on information contained
in the prospective or current employee's consumer report will
have additional disclosures to make to the affected individual.
If an employer makes an adverse decision based, even partially,
on the information contained in a consumer report, the employer
must provide the affected individual with written or electronic
disclosure of the following:
- The individual's
credit score that was used by the company
- A range
of credit scores possible under the credit scoring model used
- Each of
the key factors that adversely affected the individual's credit
score under the credit scoring model used, not to exceed a total
number of four (if the number of inquiries made with respect
to the credit report is a factor, it is not be counted toward
- The date
the credit score was created
- The name
of the entity or person that supplied the company with the credit
score, or that provided the credit file from which the score
are in addition to the existing notice requirements employers
must give to job candidates or employees are imposed under the
Dodd-Frank Wall Street Reform and Consumer Protection Act's amendments
to the Fair Credit Reporting Act (FCRA).
To read more
to the U.S. Legal Challenge Question!
the background screening industry continues to get more competitive
the firms that will ultimately succeed will be those that create
competitive advantage through their people by offering continuous
learning opportunities to heightened their knowledge and capabilities.
We believe that having employees that are very knowledgeable about
the legal landscape of background screening is essential to continued
are grateful to Pam Devata, Seyfarth
Shaw LLP for providing the expertise for this valuable endeavor.
For information regarding the answers to the Legal Challenge Questions,
please contact Pamela Devata at Seyfarth Shaw LLP at email@example.com
or 312-460-5000 or visit www.seyfarth.com.
your answer by clicking on it:
If a CRA notifies a
furnisher that a consumer disputes the completeness
or accuracy of information provided by the furnisher,
the furnisher has a duty to follow certain procedures.
The furnisher must:
Conduct an investigation and review all relevant information
provided by theCRA, including information given to
the CRA by the consumer.
Report the results to the CRA that referred the dispute,
and, if the investigationestablishes that the information
was, in fact, incomplete or inaccurate, report theresults
to all CRAs to which the furnisher provided the information
that compileand maintain files on a nationwide basis.
Complete the above steps within 30 days from the date
the CRA receives the dispute (or 45 days, if the consumer
later provides relevant additional information to
Promptly modify or delete the information, or block
Take steps 1, 2 and 4
Take steps 1, 2, 3 and 4
Continue to report the information with a notation
that the consumer disputes the information
Check Legislation Introduced in U.S. Senate
that would establish a system of federal background checks for
employers and employees of security installation and monitoring
companies has been introduced in the U.S. Senate. The bill (S.
1319), dubbed the "Electronic Life Safety and Security Systems
Federal Background Check Act of 2011," was introduced late last
month by Sen. Chuck Schumer (D-NY). Similar legislation was introduced
earlier this year in the House by Rep. Blaine Luetkemeyer (R-Mo).
To read more
Law Restricting Use Of Credit Reports For Employment Background
Checks Signed Into Law
October 1, 2011, employers in Connecticut will face new restrictions
on the use of credit reports regarding current or prospective
employees as a result of the recent enactment this month of
Connecticut Public Act 11-223 . The new Connecticut law generally
prohibits employers (defined as businesses with at least one employee)
from requiring employees or prospective employees to
consent to a request for a credit report that contains information
about their credit score, credit account balances, payment history,
or savings or checking account balances or account numbers as
a condition of employment. The law specifies employers may not
require an employee or prospective employee to consent to a request
for a credit report unless: (1) such employer is a financial institution,
(2) such report is required by law, (3) the employer reasonably
believes that the employee has engaged in specific activity that
constitutes a violation of the law related to the employee's employment,
or (4) such report is substantially related to the employee's
current or potential job or the employer has a bona fide purpose
for requesting or using information in the credit report that
is substantially job-related and is disclosed in writing to the
employee or applicant.
The law imposes
a $300 civil penalty for violations, but does not provide for
a private civil action. Rather, aggrieved individuals must file
a complaint with the Connecticut Labor Commissioner's office,
which is empowered to investigate and impose penalties.
To read more
AND IMMIGRATION ISSUES
Paves the Way for Greater E-Verify Enforcement at the State Level
of Homeland Security (DHS) announced that it is now permitting
employers in the State of South Carolina to disclose information
received from E-Verify to the South Carolina Department of Labor
as required by the state's 2008 immigration law. The state had
suspended all E-Verify investigations after several employers
complained that they could not (under the terms of the E-Verify
Memorandum of Understanding) disclose or share any information
about their E-Verify transactions or operations. Governor Nikki
Haley of South Carolina requested that DHS enter into an MOU with
the state so that it can enforce its own E-Verify law.
According to the Governor's website , she recently received
a letter from DHS stating that they have decided to authorize
South Carolina E-Verify employers and their E-Verify Employer
Agents to disclose E-Verify information directly to the South
Carolina Labor, License, and Regulation (LLR) Department when
requested for enforcement actions.
could be an important sign of things to come as states continue
to create their own unique versions of immigration enforcement,
most of which are centered around the mandatory use of E-Verify.
As states across the nation continue to pass E-Verify and immigration
bills, access to E-Verify data will become more and more critical
to real enforcement - something we haven't seen on the E-Verify
front as of yet. A door was just opened today…ever so slightly,
and it will be very interesting to see how widely and swiftly
the states will march right through it.
To read more
AND IMMIGRATION ISSUES (continued)
Employer's Immigration Compliance Desk Reference
Author: Gregory H. Siskind
Contributing Author: Jonathan Marks
Co-Published By Society for Human Resource Management (SHRM) and
Employer's Immigration Compliance Desk Reference will
help human resource managers, immigration counsel, and others
charged with the task of guiding employers through these turbulent
immigration waters. Statutes and regulations are discussed in
an easy-to-understand, question-and-answer format with illustrations,
checklists, and sample documents included to help you implement
or improve your immigration compliance program.
To read more
Announces New Social Media Services for Employment Screening
announces its partnership with Social Intelligence Corp., a new
development in pre-employment applicant screening. InfoMart's
new Social Media Searches will allow employers to review applicant's
publicly available, relevant online content to make confident
hiring decisions while avoiding the legal risks of gathering social
media information internally.
content, which can include social networks, blog entries, videos,
photos and comments, can give employers valuable insight about
their applicants, but accessing this information can be a legal
landmine. InfoMart's Social Media Searches provide employers with
the tools to generate reports based solely on pre-defined criteria.
The solution, powered by Social Intelligence, includes multi-tier,
manual verification that the information matches the applicant
and the client's criteria and built-in processes that ensure protected
information that may be unusable for making an employment decision
is not shared with employers.
Media Search is an important addition to InfoMart's suite of screening
services, including criminal histories, education and employment
verifications, drug screens and credit history checks, further
ensuring that InfoMart clients Get the Whole Story about their
To read more
Talent Board Welcomes HireRight as Sponsor of The Candidate Experience
Board, a non-profit organization focused on the elevation and
promotion of a quality candidate experience, today announced that
HireRight is sponsoring the Candidate Experience Awards. The Candidate
Experience award competition consists of three survey rounds that
are designed to evaluate and recognize organizations that produce
outstanding candidate experiences. The Award is designed for North
American companies and it is free for all participating companies.
the results of two initial selection rounds, finalists will be
interviewed by a panel of judges who will make the determination
regarding the winners. All Candidate Experience winners will be
celebrated at a banquet ceremony held during the 2011 HR Technology
Conference in Las Vegas. "Delivering a great candidate experience
is a core objective and point of competitive advantage for many
leading employers today, and HireRight is focused on helping organizations
meet their candidate experience goals through the background checking,
drug testing and employment eligibility stages of the hiring process,"
said John Reese, Sr. Director of Marketing, HireRight. "We are
thrilled to sponsor the Candidate Experience Awards and support
their recognition of employers who provide an outstanding candidate
can be accessed at www.thecandidateexperienceawards.org
Mid-Year Hiring Forecast
Shows Positive Job Growth the Rest of 2011
to the CareerBuilder's 2011 Mid-Year
Job Forecast , "employers remain positive in their hiring
expectations for the remainder of 2011 despite ongoing concerns
over threats to economic growth," and nearly half of employers
(47 percent) plan to hire new employees from July through December.
latest survey shows employers remain positive in their hiring
expectations for the remainder of 2011 despite ongoing concerns
over threats to economic growth. Nearly half of employers (47
percent) plan to hire new employees from July through December,
up from 41 percent in 2010. The survey, which was conducted by
Harris Interactive© from May 19 to June 8, 2011, included
more than 2,600 hiring managers and human resource professionals.
of companies hiring specifically for full-time, permanent staff
rose 7 percentage points over last year.
To see more
go to the INFOGRAPHIC: http://cb.com/oRV7ed
Executives More Optimistic About Increasing Staff Numbers
which is the first bi-annual recruitment survey of its size and
scope to focus exclusively on professional-level hiring in the
UK, shows that confidence is returning to the UK economy with
four in 10 executives stating that they are 'more confident' about
the prospects facing their companies in the second half of 2011,
than they were six months ago.
in 10 (29%) senior executives surveyed are 'more confident' about
the economic prospects facing the UK as a whole, while half remain
'as confident' as they were six months previously. Contrary to
expectations, executives at small companies are most confident
in the economic prospects facing their firm.Phil Sheridan, MD
Robert Half UK, said: "There are clear signs that senior executives
are more confident in the UK's economic situation than they were
earlier this year and in their own company's prospects for growth.
Senior executives in finance, accounting and human resources are
all planning to hire over the next six months to support rising
workloads and business growth or expansion. This can only be good
news for the wider employment market."
To read more
42% Have Hired or Plan to Hire
% of company leaders reported they have already hired new staff
or plan to in the third quarter, according to a national hiring
trends survey conducted by Express Employment Professionals."We're
seeing employers' confidence levels increase slightly," said Express
CEO Robert Funk. "Sixty-seven percent of respondents plan to hire
one to three people across all business sectors during the third
quarter.Express invited more than 17,000 current and former clients
across the U.S. and Canada to participate in the survey.
Official Resigns Amid Sun Investigation Into His College Degrees
city school official, whose resume includes degrees from institutions
that require little or no classroom work and which academic watchdog
groups have referred to as "diploma mills," resigned abruptly
Thursday after questions about his credentials were raised by
The Baltimore Sun. Seawright's resignation from the position,
which he has held since 2008, came one day after The Sun asked
school officials to explain Seawright's academic credentials,
which include a bachelor's degree in accounting from Rocklands
University and a master's degree in business administration from
To read more
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By Mike Sankey, June, 2011
Recording Fee Changes For July 1, 2011
Effective July 1, 2011, recording fees will decrease by $2.00.
The fee for the first
page of all documents (standard size) will be $7.00; it was $9.00.
Each additional page will still be $5.00.
A $20 surcharge is imposed on all recorded instruments including
Deeds, Deeds of Trust (Mortgages), and Powers of Attorney. Note
the surcharge will only affect instruments executed on or after
July 1, 2011. Any documents executed prior to this date will not
be affected. For example the typical cost of recording a real
estate sale will increase from $40 to $60.
The state is changing the its fee procedure for recording documents.
Effective July 1, 2011, the cost to record a document will be
$25.00; however, this will include up to a block of 10 entries
in the index of the county recording district. Each addition entry
group up to 10 will be an additional $25. This new price structure
will actually lower the cost of recording many documents.
To read more click
New Android App For Background Checking!
swallow a stranger's word-hook, line, and sinker? Common sense,
of course, instructs you not to-but, at times, common sense just
betrays even the best of us. There is a quick way-using your Android
device-to verify the background of a new acquaintance, a newcomer
to the team, or that friendly face you met on your way to the
grocery this morning.The Android app for that is called Background
Check, which makes BeenVerified.com's services accessible through
your Android device. BeenVerified.com provides an online service
for looking up public records about anyone. You can use the service
to search for long-lost friends, or to check whether your new
friend is a felon, or whether the cutie who has been the subject
of your recent daydreams is still legally single.
To read more
INTERIM RELEASE EXPANDS TO NEW SPECIFICATIONS
Consortium released Version 3.1.2 , standards for
XML-based solutions. This release builds on the 3.1.1 standard
with new specifications and enhancements. The release includes:
new Screening Vendor specification that allows communications
between CRA's and Providers/Researchers.
• Employment Eligibility Forms I-9 includes audit trail
structure and enhanced use cases to meet industry needs.
Consortium is very excited about the value 3.1.2 brings to the
HR community" said Kim Bartkus, HR-XML Director of Standards and
Certifications. "The new Screening Vendor specifications provide
an opportunity for virtually seamless communication between CRA's
the HR-XML Standards and Implementation Guides here .
If you have
any questions, contact Nick Hawes at email@example.com.
WASHINGTON REPORT BY MONTSERRAT MILLER
Montserrat Miller is a
Partner with the law firm Arnall Golden Gregory, LLP and is based
in Washington, DC. Ms. Miller's practice focuses on privacy and
immigration compliance, as well as representation before Congress
and federal regulatory agencies such as the Federal Trade Commission,
Equal Employment Opportunity Commission, Consumer Financial Protection
Bureau and the Department of Homeland Security.
You can contact
Monterrat at Montserrat.Miller@AGG.com
or visit http://www.agg.com/Contents/Home.aspx
Use of Criminal Records in Employment Screening
This week the Equal
Employment Opportunity Commission (“EEOC” or “Commission”)
held a Commission meeting in Washington, DC entitled “Arrest
and Conviction Records as a Barrier to Employment”, which
was attended by all five Commissioners and 250 to 300 individuals
in the audience. Attendance was so high that Chairwoman Berrien
noted that this was the largest audience to attend such a Commission
There were three panels
and save one witness on the third panel, all witnesses either
directly or indirectly urged the Commission to revise its guidance
on the use of arrest and conviction records in employment screening
and it was clear that directly or implicitly, all were of the
opinion that one’s criminal history serves as a barrier
to employment which in turn leads to higher rates of recidivism
since employment is critical to successful re-entry of ex-offenders.
In fact, in an EEOC Press Release issued after the meeting, the
first sentence reads, “Employers often refuse to hire people
with arrest and conviction records even years after they have
completed their sentences, leading to recidivism and higher social
services costs, experts told the U.S. Equal Employment Opportunity
Concern for the Background Screening Industry
The Commission meeting presented an incomplete picture of the
industry and one would be left with the impression that employers
regularly conduct background checks via Google, that job applicants
have no meaningful recourse to address adverse actions, that criminal
history records are inaccurate, that the background screening
industry is the reason ex-offenders aren’t able to find
employment, that the industry prevents ex-offenders from a second
chance at life and so on. Unfortunately, that’s not an accurate
portrayal of the industry and the meeting presented no meaningful
discussion on the value of criminal records to employers.
On the whole this was not a balanced meeting and it was heavily
slanted toward arriving at the conclusion that the use of criminal
histories presents a barrier to employment and even went so far
as to say it was a factor leading to the high recidivism rate
we have in this country. There was no balance with the witnesses
presenting the other side of the coin in terms of victims of workplace
violence, theft or other crimes. There was no balance with the
witnesses to fully explain the need and value of appropriately
conducting criminal history checks by employers and the role the
background screening industry plays.
To read more click
Careful In Responding To Reference Requests
companies have formal policies on how to respond to reference
requests. Other companies lack such policies, and exercise
little control over the process. A recent federal court
case from New York illustrates the problem with such
a loose approach. There, the plaintiff, Julie E. Male,
sued her former employer, Tops Markets, LLC, for employment
discrimination and retaliation. One of her claims alleges
that Tops Markets retaliated against her by providing
a negative reference.
insight to be gained from this case is to develop formal
reference policies which limit the information the company
will provide in response. For example, cautious companies
allow only HR to respond to reference requests, and provide
no information beyond the employee's dates of employment.
While such a policy renders reference checks close to
meaningless, it is unfortunately the prudent approach.
read more click here
Site! Many Suppliers!
for the Top Suppliers in the Industry? Need to find a new Supplier?
Visit our VENDOR
SHOWCASEwhich features suppliers to the Background
Summer/Fall Edition Directory of Suppliers Coming Soon!
to the International Legal Challenge Question
and firms now compete in a global marketplace which is continuing
to increase the need for background checks for new hires that
will reside in another country or that are being hired from another
country. Commensurate with this growth in background checks is
the need to understand the myriad of data protection, privacy,
human rights and local laws that govern the practice of conducting
background checks. To help background screening firms around the
world to further enhance their knowledge we have launched this
International Legal Challenge.
We are grateful
to Brian Arbetter a Partner with the global law firm of Baker
& McKenzie LLP for providing the question and answer to the
questions in the International Legal Challenge. Brian is based
out of the Firm's Chicago and San Diego offices. His practice
focuses on international law issues, with particular emphasis
on labor and employment, as well as workplace privacy. For information
regarding the answers to the International Legal Challenge questions,
please contact Brian at firstname.lastname@example.org.
Choose One of the Following Answer in Response to the Question
information on sponsoring The International Legal Challenge Question
Global Study Reveals That Senior Managers 'Committing More Workplace
are increasingly committing fraud as 'red flag' warning signs
are "missed and ignored", research from KPMG has revealed. Company
bosses were the culprits of nearly a fifth of workplace frauds
(18 per cent) compared to 11 per cent in 2007, according to analysis
of 348 white collar crimes between January 2008 and December 2010
across 69 countries. Criminal activity among managing directors
and chief executives had increased much more sharply to 26 per
cent over the four year period from 2007 to 2011, the research
showed. Richard Powell, KPMG's EMA forensic investigations network
lead, said previous research has shown that corporate fraudsters
are typically male and aged between 36 and 45 years old, with
41 per cent falling into this category.
The report 'Who is the typical fraudster?' found that often fraudsters
will work in finance (32 per cent), and have more than 10 years
experience. Over half (53 per cent) work either in a senior management
role or a board role. These crimes together accounted for just
over 50 per cent of the 348 cases examined. "In the UK, the survey
showed an even higher proportion of fraudsters who had worked
for their employer for more than 10 years (57 per cent), with
50 per cent in senior management or board roles," Powell added.
To read more
Become a Founding Member
of the APAC Chapter of NAPBS
Are you interested
in being recognized as a founding member for the APAC Chapter?
The Chapter is currently accepting Founding Member donations.
As a Founding Member of APAC you will be recognized on the APAC
Chapter website. You can also display the APAC Chapter Founding
Member logo on your company website and printed collateral. The
Founding Member designation does not expire. Your company will
always be recognized as a founding member as long as you are member-in-good-standing
with the association. There is a onetime fee of $500 USD; this
offer will expire on December 31, 2011. Click
here to become a founding member today.
information on the APAC chapter contact Wayne Tollemache at Wayne.Tollemache@fadv.com
Cross-Border Privacy Rules System: A New Model for Accountable
Cross-Border Privacy Rules system will enable accountable organizations
to demonstrate and receive recognition for their APEC Privacy
Framework-compliant cross-border data flows. As the APEC CBPR
system gets closer to launch (expected in 2012), Canadian organizations
should understand how they may leverage this system to foster
greater trust in their cross-border data flow policies and practices.
Join government, regulator and private sector representatives
who have been closely involved in the development of the CBPR
system for an insightful look at its objectives, design and governance
and the benefits organizations can derive from it.
Job Market is Booming, Says Going Global's New Brazil Employment
As it begins preparations to host the 2014 FIFA World Cup and
the 2016 Olympics, Brazil -- South America's largest country and
economy, is one of the first emerging markets to begin an economic
recovery, according to a new report from Going Global, the leading
provider of employment, career and culture resources. With an
unemployment rate of 6.1 percent, Brazil is experiencing job growth
and talent shortages in many sectors. "Brazil's strong recovery
from the global financial crisis has spurred increased hiring
activity and a buoyant employment market, enabling the job market
to become increasingly candidate-driven," says Mary Anne Thompson,
founder, Going Global. "Many workers in the private sector are
seeing double-digit pay raises, and last year average salaries
in Brazil increased 6.5 percent."
"One problem Brazil is facing is that their companies and universities
have not created sufficiently qualified people to satisfy the
new demand," explains Ms. Thompson. "Multinational organizations
looking to hire in Brazil are seeking successful candidates who
are flexible, skilled in communications between Brazil and headquarters,
adaptable and multilingual. Although many companies invest in
homegrown talent, there is also room for skilled foreign-born
executives to work in Brazil."
To read the full report, Going Global Employment Outlook: Brazil
Prosecutors Arrest 8 In Fake Degree Certificate Scam
education companies are under investigation after more than 100
company executives paid nearly 10 million yuan ($1.5 million)
only to find out their promised Columbia International Institute
degree certificates were worthless, the capital's Haidian district
prosecutors announced Monday.
from three education and training companies were arrested on charges
of illegal operation in late May, according to Zhou Zhicheng,
a Haidian district prosecutor investigating the case.
surnamed Yu and Hu had founded the Bozhiruida Technology and Education
Company in 2008, he said. Without any qualifications the company
began to enroll students, mostly corporate executives, promising
them business degrees from a private institute headquartered in
New York, one of the US's so-called degree mills, Zhou told the
Global Times. The degrees are not recognized by either US or Chinese
official educational accrediting bodies, Zhou said.
Newsletter | July 2011
To read more
Centre Outsourcing In China - 100% ForeignOwnership Permitted
Under New China's Telecoms
In a further
push to the development of the outsourcing industry in China,
the State Council and the Ministry of Industry and Information
Technology recently announced a series of policies which aim to
relax foreign investment restrictions on certain telecoms-related
activities which would otherwise be subject to China's fairly
stringent restrictions in the telecoms sector.
The new policy,
as stated in the State Council's announcements on 7 April 2010and
12 August 2010 and in MIIT's notice of 10 November 2010, is therefore
groundbreaking as the policy allows foreign investors to operate
call centres in 21 'modelcities' in China on a trial basis, without
having to partner with a PRC company. These 21 model cities are
Beijing, Tianjin, Shanghai, Chongqing, Dalian,Shenzhen, Guangzhou,
Wuhan, Haerbin, Chengdu, Nanjing, Xian, Jinan,Hangzhou, Hefei,
Nanchang, Changsha, Daqing, Suzhou, Wuxi and Xiamen.
to be seen whether China will evolve to become a viable option
formultinational and foreign companies to set up their call centres.
To read more
29 Working Party Guidelines on Consent will Lead to More Pop-ups
On July 13,
2011, Europe's Article 29 Working Party issued an opinion on consent
and how it should be interpreted and used under European data
protection laws. The guidelines are in large part a compilation
of recommendations previously made by the Article 29 Working Party
for particular forms of processing, such as collection of patient
data for electronic health records, transfer of data to third
parties, processing of passenger name records, etc. The guidelines
also draw on case law of the European Court of Justice, including
an important decision in the field of employment law interpreting
what constitutes a valid consent of an employee.
from the guidelines is first that data controllers should be wary
of relying too much on consent as a basis for processing, particularly
when other justifications for the processing may suffice under
the directive. Another important lesson that emerges from the
consent guidelines is that consent must be sufficiently granular
to show that the individual specifically gave his or her consent
to each type of processing that is envisaged by the data controller.
According to their Article 29 Working Party, a general consent
to any and all transfers to unspecified third parties would not
be sufficiently specific to constitute valid consent. And, Another
conclusion that we can draw from the guidelines is that silence
or the failure to act can never be considered valid consent. Consent
has to be evidenced by an affirmative clicking of a box or any
other relevant positive act.
To read more
PAN Card Seller Gang Busted
The crime branch of Ulhasnagar police has busted a racket involved
in the printing and selling of PAN cards, ration cards, voter
ID cards, mark sheets, degree and leaving certificates (HSC and
SSC) and senior citizen identity cards. The police arrested four
people, including a schoolteacher in the matter, last week. Acting
on a tip off, the crime branch team laid a trap at Mahalaxmi Estate
Agent, Mahavir palace, Ulhasnagar-5. They recovered more than
40 PAN cards, 43 senior citizen identity cards, computers, a scanner,
a printer and other materials used to print the documents. The
seized articles, in various stages of completion, are worth Rs
2 lakh. The accused would sell the school certificates (leaving
certificate and marksheet) for Rs 1 lakh, while the fake cards
would be sold for Rs 50,000 each.
To read more click
Trilegal Co-Founding Partner Rahul MatthanCreates Draft of an
Indian Privacy and Data Protection Law
co-founding partner Rahul Matthan has drafted a proposal for the
department of personnel training to create an Indian privacy and
data protection law that would regulate the storage and disclosure
of personal information. The approach paper requests views of
the public and experts and sets out the issues involved in Indian
privacy legislation. Matthan stated that at this stage it is just
an approach paper.
One of the
inevitable consequences of the UID Project will be that the UID
Number will unify multiple databases. Such a vast interlinked
public information database is unprecedented in India. It is imperative
that appropriate steps be taken to protect personal data before
the vast government storehouses of private data are linked up
and the threat of data security breach becomes real. Similarly,
the private sector entities such as banks, telecom companies,
hospitals, etc. are collecting vast amount of private or personal
information about individuals. There is tremendous scope for both
commercial exploitation of this information without the consent/
knowledge of the individual In view of the above, privacy of individual
is to be protected both with reference to the actions of Government
as well as private sector entities.
To read more
To Privacy May Become Fundamental Right
The law ministry
is working on a proposal to make right to privacy a fundamental
right in the Indian Constitution. The right to privacy would include
the right to confidentiality of communication, confidentiality
of private or family life, protection of his honour and good name,
protection from search, detention or exposure of lawful communication
between individuals, privacy from surveillance, confidentiality
of banking, financial, medical and legal information, protection
from identity theft of various kinds, protection of use of a person's
photographs, fingerprints, DNA samples and other samples taken
at police stations and other places and protection of data relating
to individual. If the legislation is passed, it would address
several concerns expressed by some sections of the civil society.
For instance, there has been outrage over the `compromise' of
an individual's privacy in a project like UID, where all personal
data will be available at the click of a mouse.
To read more
Fines Agency for Employment Data Collection
Data Protection Authority (Garante) has found that collecting
and processing the sensitive personal information of job applicants
violates the law and has censored and fined a real estate agency
for asking applicants "a disproportioned quantity" of personal
questions. The Garante found the practice violated Italy's Data
Protection Code, and further investigation and sanctions may be
forthcoming. "It is incredible that notwithstanding strong data
protection legislation, we still experience similar shocking data
processing in the employment field," notes Rocco Panetta of Panetta
&Associati," adding that such behaviors expose organizations
"to enormous risks of sanctions."
To read more
here:(Article in Italian.)
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Issues Privacy Regulations for Public Comment
On July 6,
2011, Mexico's Secretary of Economy, in conjunction with the Federal
Institute for Access to Information and Data Protection ("IFAI"),
released wide-ranging privacy regulations for public comment.
The regulations establish rules and guidelines for the implementation
of Mexico'sFederal Law on the Protection of Personal Data in
the Possession of Private Parties (Ley Federal de Protección
de DatosPersonales en Posesión de los Particulares),
which became effective one year ago. Among the topics covered
are jurisdictional issues, details regarding notice and consent,
the relationship between data controllers and data processors,
data transfers, data security, self regulation, data subjects'
rights, automated processing and enforcement.
text of the new regulations in Spanish. http://www.ifai.org.mx/
Institute for Access to Information and Data Protection
Senator Angara Says Bill Needs To Strike Right Balance
users without bogging down the ease of access that companies need
to efficiently operate, a top lawmaker said on Wednesday. Senator
Edgardo J. Angara, chair of the Senate Committee on Science and
Technology (S&T), made the statement following the Technical
Working Group (TWG) held for the Data Privacy Act of 2011. Tackled
during the TWG was House Bill 4115/Data Privacy Act of 2011 which
has been approved by the Lower House on third reading, as well
as the data privacy bills of Senators MirianDefensor-Santiago
and Antonio Trillanes.
draft of the Data Privacy Act incorporates key principles laid
out in the Asia Pacific Economic Cooperation (APEC) Privacy Framework.
The framework promotes a flexible approach to data privacy minus
needless barriers to information flows.
To read more
Amends Federal Data Protection Law; Privacy Enforcement on the
house of Russia's federal legislature approved amendments to the
data protection law (in Russian). The amendments impose detailed
information security requirements on businesses that process personal
data and revise some of the statute's data subject consent provisions.
The amended law will come into force when it is published in the
enacted a comprehensive federal data protection law in 2006, but
the statute has faced major headwind. While the law is similar
in its approach to the EU Data Protection Directive 95/46/EC,
it is much more restrictive regarding personal data processing.
After several delays, the law came into effect on July 1, 2011.
Commentators, however, continue to view the law unfavorably, arguing
that it's unworkable. The amended law directs the government to
develop regulations that will set forth appropriate levels of
information security protections. The regulations will also establish
the security requirements for processing biometric data.
To read more
To Introduce Data Privacy Legislation In Singapore
Government has indicated its intention to introduce data privacy
legislation to take effect as early as 2012. The government has
stated that the aim of the legislation will be to protect individuals'
personal data against unauthorised use and disclosure for profit
and the legislation will likely introduce consent requirements
in relation to the disclosure of personal data. A Data Protection
Council is expected to be set up to administer compliance with
the new legislation.
To read more
Protection In Outsourcing Transactions: The UK Experience
outlines some key issues companies shouldconsider regarding the
processing of personal information in UKoutsourcing transactions.
In particular it explains: the principles that the DPA contains
concerning theprocessing of personal data (see box, the DPA's
dataprotection principles);what types of data the DPA covers;
the key rights that the DPA gives to data subjects; The consequences
for companies of breaching the DPA and the key issues that arise
in outsourcing transactions as aresult of the DPA's requirements.
To read more
Fighting More Fraud Than Ever
are now fighting more fraud than ever before, according to new
research from KPMG. January to June 2011 saw UK fraud reach £1.1bn,
from £609m during the same period of 2010. The research found
that whilst the greatest burden of fraud, by value and number
of cases, has been borne by Government agencies, the private sector
is also under intense attack.The analysis found that the average
case value of private sector fraud has jumped from £2.5m
in January - June 2010, to £4.2m for the same period this
year.The majority of fraud is committed by professional criminals,
the research found, with fraud perpetrated by criminal gangs rising
107% in the first half of 2011.
To read more
Vietnam's New Consumer Protection Law Consolidates Consumer Rights
on Protection of Personal Information
National Assembly recently passed a new Consumer Protection Law
on 17 November 2010, which will take effect on 1 July 2011 and
replace the 1999 Ordinance on Protection of Consumers Rights.
The new Law contains a variety of provisions that strengthen consumers'
rights, including those on use, collection and transfer of consumer
information. While the Civil Code1, Law on E-Transactions2 and
IT Law3 impose similar general obligations on the treatment of
personal information, the new Consumer Protection Law expands
those obligations in regard to all consumers (not just in the
context of e-transactions, for example).
on the Protection of Consumer Information provides that:Consumers
have the right to have their information protected and kept secret
when they participate in business transactions or use goods and
services. Consumer information can only be disclosed at the request
of competent authorities.
In sum, while
the new Consumer Protection Law does not appear to change significantly
Vietnam's regulatory landscape in regard to data privacy and protection,
it does emphasize and consolidate consumers' rights in this area.
To read more
PROFESSIONAL WORKSHOPS AND ASSOCATION CONFERENCES
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UPCOMING CONFERENCES, COURSES & EVENTS
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State Conferences, visit
and Alcohol Testing Industry Association (DATIA), 2011 Training
Course Schedule, visit
Training Institute Learning Events, http://www.sapaa.com/
Federation of People Management Associations, Events,