BACKGROUND
SCREENING NEWS |
The
2011 NAPBS Annual Conference Report
By Bruce
Berg
The attendance
at the conference was up 12% from last year and there were 48
paid exhibitors (see full article for types of vendors that
exhibited) which give CRAs a great opportunity to see what is
new, different, better, more competitive, better quality, better
turnaround time and better integrations. The quality, content
and organization of this year's conference was the best ever
and I got the same feedback from attendees and exhibitors. The
conference committee, headed by Dean Carras with assistance
from Katee Barnhart and the rest of the IMI crew really did
an outstanding job.
The committees and NAPBS have accomplished a ton of work this
past year. If you think people are not working hard (volunteering)
to accomplish things for the industry, you are wrong! You can
read NAPBS's full disclosure annual report at:
http://www.napbs.com/files/members/2010_Annual_Report_FINAL.pdf
Also the mood of the attendees was upbeat. Not that all
companies were back to their sales levels of early 2008, but
everyone was happy their businesses are growing again.
To read
the full report click
here
First Advantage Report Highlights Employers Remain at Risk for
Employment Applicant Discrepancies in the U.S. and Asia Pacific
First
Advantage Corporation, a global risk mitigation and business
solutions provider, today announced the release of its Global
Screening Benchmark Report. The report provides employers
with an overview of the employment screening results for Q3-Q4
2009 and Q3-Q4 2010 for many of the world's top employers and
helps them evaluate their employment screening programs. The
report is based on a subset of checks conducted by First
Advantage for their clients.
A copy
of the report can be found at www.fadv.com/trendsq3q4_20092010.
SOURCE
First Advantage Corporation
Twenty Five Percent of HR Professionals
Forecast Increase in Budgets for HR-Related Products And Service
Sixty-nine percent of HR buyers are gaining optimism about the
economy in 2011, and nearly twenty five percent plan to increase
their budgets for HR-related products and services. These findings
and more appear in the research report from HRmarketer.com,
' Trends in HR Marketing: HR Buyers' Behavior ' What to Expect
in 2011 .' It's the fifth report in an annual series started
in 2006. Data in the report is based on responses from human
resource decision makers collected in January and February 2011.
The report provides information on trends and best practices
for marketing to the human capital marketplace, and more specifically
on the purchasing behavior of the typical HR buyer. It also
includes an analysis of HR buyer research and purchasing trends
and their budget priorities in 2011.
Download the report . No registration is required.
Attorney
General Urges States To Review Laws Imposing Curbs On Ex-Prisoners
Attorney
General Eric Holder is urging states to eliminate legal burdens
on ex-convicts that do not imperil public safety. In a letter
last week to all state governors and attorneys general, he said
some restrictions such as the prohibition on gun possession,
"serve meaningful public safety goals." Others, such as the
"denial of employment and housing opportunities, do not, and
research reveals that gainful employment and stable housing
are key factors that enable people with criminal convictions
to avoid future arrests and incarceration," he wrote
Holder
pledged that the Obama administration would "conduct a similar
review of federal collateral consequences" of criminal convictions.
He said that the Justice Department's National Institute of
Justice funded a study by the American Bar Association that
has found 38,000 statutes that impose consequences on people
convicted of crimes, an average of about 700 per state or territory.
The study can be found
here
Source:
The Crime Report
More
US States Step Up To Fight Against Diploma Mills
Idaho lawmakers
have approved a bill which will make it easier for the Board
of Education to target bogus education providers operating in
the state. On 24 March the "anti-diploma mill" bill was unanimously
passed by the senate. The news from Idaho follows the announcement
on 22 February that Missouri Governor Jay Nixon has signed a
bill that will make it illegal to use false academic credentials
to apply for jobs, college or in connection with any business,
employment or public office in Missouri. The new bill will target
those using both faked certificates and credentials from bogus
universities. Missouri's Assistant Commissioner of Higher Education,
Leroy Wade said: "The new legislation calls attention to the
problem and puts people on notice that using phony documents
is a crime."[1]
The recent
AccredibaseTM 2011 Report reviewed other legislative
developments over the last year, starting with the introduction
of the "Diploma Mills" Bill by Congressman Tim Bishop (D-NY).
The Diploma and Accreditation Integrity Protection Act
proposes to protect the integrity of bona fide qualifications
by targeting the sale and use of fraudulent degrees. If passed
into law, the Act would give the Federal Trade Commission a
mandate to act against bogus degree providers and require it
to report these providers to the Secretary of Education, and
ultimately make this information available to the public. The
Act also proposes to set down in law definitions of the terms
Diploma Mill, Accreditation Mill and Degree-granting Institution.
For more
information click
here
South
Daytona 'Crime Free' Housing Plan Gains Traction
The Gina
Apartments on Orange Blossom Drive now boast a new sign designating
the complex as a Crime Free Multi-Housing Program property."It's
an easy program to follow. The best part of the program is that
owners, managers, and tenants having a relationship with the city's
police officers," Amy Johnson, owner of the Gina Apartments, said.
Johnson was the city's first landlord to complete Phase III of
the program, which began in December. The program consists of
three phases and is taught by program administrators Tony Labombard
and George Rizzo, both officers with the South Daytona Police
Department. The program trains property managers to reduce crime
by utilizing crime-prevention techniques, implementing security
requirements and tenant screening. It also uses a Crime-Free lease
addendum outlining specific criminal acts that can result in immediate
termination of a resident's lease.
According
to Johnson, a problem with drugs in the area several years ago
chased away good tenants. However, after the owner of a nearby
property took over the management, the drug problem has been greatly
reduced.
For more
information click here
Welcome
to the U.S. Legal Challenge Question! |
Sponsored By:
As
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
success.
We
are grateful to Larry Henry, Rhodes, Hieronymus, Jones, Tucker&
Gable P.L.L.C.for providing the expertise for this valuable endeavor.
For information regarding the answers to the Legal Challenge Questions,
please contact Larry Henry at lhenry@rhodesokla.com
or (918)582-1173 or visit www.seyfarth.com.
Please choose
your answer by clicking on it:
Can
An Inexpensive Background Check Prevent Tragedy?
Can employers
face liability for failing to conduct pre-employment background
checks? What background information may employers consider? Should
a 20-year-old homicide conviction preclude someone from driving
a bus? These are some of the questions arising in the wake of
a recent tragic bus accident involving a driver with a criminal
record.
Based on
this tragic story, employers are reminded to determine if their
employee-screening strategy is both legal and adequate. Inadequate
precautions may lead to disaster (and, obviously, claims by customers,
employees, and others). Failing to follow federal and state rules
on background screenings may lead to civil rights charges or claims
under the Fair Credit Reporting Act (FCRA) by rejected applicants.
Below are some of the major issues involved in developing an appropriate
strategy. But first, a consideration of the facts of the recent
tragedy reveals some practical challenges and potential consequences.
To read the
full article click
here
Criminal Background Checks on the Horizon for
Home Enterprise Industry
New Jersey
- A bill recently introduced and currently under review by the
Assembly Consumer Affairs Committee (A3889), if passed, would
require criminal background checks for owners and employees of
home services enterprises.
The Federal Motor Carrier Safety Administration published in the
Federal Register this date a Notice of proposed rulemaking (NPRM):
The FMCSA
proposes to amend the Federal Motor Carrier Safety Regulations
(FMCSRs) to incorporate by reference the most recent version of
the American Association of Motor Vehicle Administrators, Inc.'s
(AAMVA) Commercial Driver's License Information System (CDLIS)
State Procedures Manual.
Bill
To Prohibit Certain Convicted Felons From Being Hired
A bill (
S.B. 15 ) introduced in Michigan would prohibit
certain convicted felons from being employed by the state. Under
the bill, the state could not hire anyone who had been convicted
of a felony involving dishonesty, deceit, fraud, or a breach of
public trust in the previous 20 years to any position in which
the employee would set policy or have discretionary authority
over public assets.i
Background Checks Legislation Introduced in US Senate
On March
15, Senator Burr (R-NC) reintroduced legislation, S. 581, the
"Child Care Protection Act of 2011," requiring a comprehensive
background check for all child care providers.
EmployeeScreenIQ
Partners with BankersOnline.com to Introduce Banker Background
Check
Global employment screening provider EmployeeScreenIQ has entered
a partnership with BankersOnline.com to provide customized background
check services to North American financial institutions. Jointly
developed by the two companies, "Banker Background Check" (http://www.bolbackgroundcheck.com/)
draws upon EmployeeScreenIQ's in-depth industry experience. Three
levels of screening ensure that an institution fully complies
with Federal banking hiring regulations: the robust screening
process includes social security number traces, countrywide criminal
searches, Federal District criminal record searches, Homeland
Security checks, and financial sanctions checks. Higher levels
of screening also include pre-employment credit reports, Federal
bankruptcy searches and education and employment verifications.
For more information, visit http://www.employeescreen.com/public_announcements.asp
Innovative
Enterprises Launches ExpertCourt™ Nationwide Court Research
Solution
Innovative
Enterprises, Inc., a strategic partner to the background screening
industry and expert provider of court research information products,
smart data solutions and ancillary services, today announced the
official launch of its ExpertCourt™ advanced country criminal
court research solution.
A significant
enhancement to the traditional county criminal search, ExpertCourt™
blends Innovative's unmatched expertise and industry-leading county
courthouse research products with multidimensional quality control
methodologies to deliver a seamless, end-to-end court research
solution that is unsurpassed in the background screening industry.
The ExpertCourt™ solution automatically leverages Innovative's
proprietary Advanced Criminal Extraction™ court analysis
engine, a highly advanced and custom engineered synthesis of industry-leading
technologies designed to methodically inspect electronically-available
court resources.
ExpertCourt™
is available in all 3,141 U.S. counties and is not sold directly
to employers but is instead available through Innovative's carefully-selected
network of Screening Industry Partners™.
For more
information go to http://www.knowthefacts.com/news/2011/4/5/31/innovative-enterprises-launches-expertcourt-nationwide-court-research-solution/.
ANNOUNCEMENTS
(continued) |
SJV
& Associates Announces Strategic Partnership With Fetch Technologies
SJV
& Associates , a leading wholesale provider of in-person
court records research, announced today an exclusive agreement
to incorporate Fetch
Technologies' automated background screening solution into
its product line. Through the partnership, SJV will now offer
automated access to information from 300 online data sites and
over 1500 jurisdictions nationwide. Clients of SJV will also have
access to a new full extraction library that will enable background
screening companies to retrieve comprehensive results from multiple
jurisdictions, including both Sex Offender Registry and National
Sex Offender Registry. The automated solution will create a faster,
more accurate data-gathering process for clients.
"We are pleased
to announce this breakthrough partnership that will empower background
screening companies with leading edge technology, saving them
valuable time, resources, and operating costs," said Scott Vanek,
President of SJV & Associates. "This partnership allows our
clients to have access to both advanced technology solutions and
conventional research methods all through the same system. Ultimately
we want to provide our clients with the fastest and most accurate
information."
For More
Information go to http://www.sjvassoc.com/
SHRM
Report Says 33% of HR Pros to Hire in Q2
Thirty-three
percent of human resources professional say they plan to hire
in the second quarter of this year, up from 24 percent who said
the same a year ago, according to a survey of human resources
professionals by the Society for Human Resource Management. Broken
down by company size, 35 percent of midsize companies (100 to
499 employees) were likely to add jobs in the second quarter.
Large and small companies followed closely, with 33 percent and
32 percent respectively. Thirty-six percent of survey respondents
hired staff in the first quarter of 2011, according to the report.
The survey also found that job losses continue to decline.
To read the
full report click
here
The
Conference Board Employment Trends Index™ (ETI)
The
Conference Board Employment Trends Index™
(ETI) increased in February for the fifth consecutive month. The
index now stands at 101.7, up from January's revised figure of
100.1. The index is up over 8 percent from a year ago.
Says Gad
Levanon, Associate Director, Macroeconomic Research at The Conference
Board: "In the past half year, the economy has been adding, on
average, about 110,000 jobs per month. The strong growth in the
Employment Trends Index suggests that the pickup in jobs may accelerate
in the next couple of quarters. However, with a shrinking government,
a stagnant construction sector, and a manufacturing recovery that
has only a small impact on overall employment, overall job growth
will still be modest."
To read the
full report click
here:
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Contact Barry
Nixon at 949-770-5264 or at wbnixon@aol.com
for more information.
Public
Record Update
Sponsored by:
Public
Record Update
By Mike Sankey, April, 2011
Reminder
- SSNs Soon to be Issued Randomly |
The Social
Security Administration has decided it will no longer issue new
SSNs with a logistical sequence of numbering that indicate the
state of issue and year of issue.
Effective June 25, 2011, all new SSNs will be issued on a purely
random basis. The SSA will eliminate the geographical significance
of the first three digits, currently referred to as the area number
(assignment to individuals in specific states). The significance
of the fourth and fifth digits of the SSN for validation purposes
will also be eliminated. Randomization will still exclude area
numbers 000, 666 and 900-999.
Thus, the existing tables and validation services will be frozen
in time - they can be used for validation of SSNs issued prior
to the randomization implementation date, but not going forward.
Reprinted with permission of BRB Publications, Inc.
To read the
full article click
here:
Report
Finds Workplace Violence Still A High Risk, But Awareness Growing
Threats of
workplace violence should remain at the forefront for security
professionals. The recent release of the 2011
Workplace Violence Fact Sheet found that more than 5,900 people
have been murdered while working in the last 10 years. Workplace
homicides continue to be the third leading cause of death for
people at work, according to the report, with an average of 590
homicides every year. However, that number doesn't include the
number of attempts or suicides that happen in the workplace, said
Barry Nixon, founder and executive director of the National Institute
for the Prevention of Workplace Violence, a consulting, training
and research firm that specializes in working with organizations
to prevent workplace violence. That number is much higher, he
said.
The good news
is that the number of incidents of workplace violence seems are
going down. Nixon attributes this to increased funding for security
measures. "Funding is having a residual impact on reducing
workplace violence because security programs, even though they
may not be directly targeted at workplace violence, were helpful
to reduce it," he said. Also, high-profile incidents have
increased the awareness of workplace violence and made employers
and employees more aware. "I am seeing a very positive trend
with more companies approaching us to help them with preventative
and proactive programs than we haven't seen in past years,"
he said. "That tells me people are getting the message that
prevention is better than reaction." After all, reacting
after a serious incident is expensive.
To get complimentary
copy of the 2011 Workplace Violence Fact Sheet click
here
To read the
full article click
here
Drug
Test's One-Strike Rule Tested
The Pacific
Maritime Association represents the shipping lines, terminal operators,
and stevedore companies that run ports along the West Coast of
the United States. It acts as the collective bargaining agent
and payroll administrator for those employers and enforces policies
governing the hiring of longshore workers. One long-standing policy
enforced by the association is a "one-strike rule," under which
any applicant who fails its standard drug test is eliminated from
consideration for employment and permanently disqualified from
future employment.
For more
information click here
How
Safe Are Legal Drugs in the Workplace?
While the
dangers of alcohol and use of illegal drugs in the workplace have
been much discussed and well documented, little attention has
been paid to the effects of prescription and over-the-counter
(OTC) medications. Yet, some of these drugs can cause serious
impairment problems and could interact with other drugs or foods
in ways that can jeopardize workplace safety. For example, a study
performed some years back at the University of Iowa found that
a dose of Benadryl, a common OTC antihistamine, can impair driving
performance as much as alcohol.
It's important
to encourage your employees to inform themselves about the possible
job safety risks that could result from taking medications and
to require employees to inform their supervisor if they are taking
any medication that could cause impairment if their job involves
any kind of safety hazard. Depending on the risks, the supervisor
might decide to temporarily reassign the employee while he or
she is on the medication.
For more
information
click here
THE
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
Last month
I wrote about the use of background checks in hiring, focusing
quite a bit on the Equal Employment Opportunity Commission (EEOC).
I would like to follow up with a recent federal case decided against
the EEOC.
In EEOC
v. Peoplemark Inc. (W.D. Mich. March 31, 2011), the EEOC alleged
in its Complaint that Peoplemark had a blanket policy "which denied
the hiring or employment of any person with a criminal record,"
and that such a policy had a disparate impact on African-Americans.
Clearly, a blanket "felon need not apply" policy could be deemed
unlawful pursuant to Title VII of the Civil Rights Act. Problem
is, the company did not have such a policy and the EEOC spent
years and taxpayer dollars to investigate and litigate a case
in which the judge chastised the EEOC for dragging out this case
once they were aware, or should have been aware, that their assertion
was not true. In fact, Peoplemark did and had hired individuals
with a criminal record.
The EEOC
filed suit in 2008, with the commission's unanimous approval to
proceed with the case against Peoplemark. In the end, after the
EEOC could not present a statistical expert to lay out the disparate
impact claim, the court ordered the EEOC to pay Peoplemark a total
of $751,942.18 in attorneys' fees, expert fees and other miscellaneous
fees. It doesn't take a rocket scientist to figure out that this
undermines the EEOC's credibility and, at least for the foreseeable
future, disparate impact claims will be viewed by attorneys representing
employers with suspicion.
Notwithstanding
this case, the EEOC views this issue as an important one and they
have held a series of hearings over the years on point, including
examining the treatment of unemployed job seekers (Feb. 2011),
employer use of credit history as a screening tool (Oct. 2010)
and employment discrimination faced by individuals with arrest
and conviction records (Nov. 2008). There is still talk about
a future commission hearing on the use of criminal records in
employment, but perhaps the Peoplemark case will derail this hearing.
To read the
full report click
here
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Looking for the Top Suppliers in
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Welcome
and Bienvenue to the
International Legal Challenge Question!
Sponsored by:
Most industries
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 brian.arbetter@bakermckenzie.com.
Please
Choose One of the Following Answer in Response to the Question
Canada's Personal Information Protection
and Electronic Documents Act (PIPEDA) protects personally identifiable
information, defined as Personal Information under the Act. Which
one of the following statements is false?
A.
Personal Information does not include consumer contact details.
B.
Personal Information does not include a person's job title.
C.
Personal Information does not include a person's business telephone
number.
D.
Personal Information does not include a person's business addres.
For
information on sponsoring The International Legal Challenge Question
please Click
Here
Reding
Outlines Costs To Business Of EU Privacy Legislation
Viviane Reding,
European commissioner for justice, fundamental rights and citizenship,
has been outlining the costs and legal strategy behind forthcoming
EU data privacy legislation .Speaking at a public
meeting hosted by the European People's Party, Reding said that
the new plans, expected this summer , would impose some extra
costs on businesses. However, these would be more than mitigated
by a reduction of red tape within the EU and the opening up of
the market to innovation."All fundamental rights have a cost.
The right to the protection of data
is not an exception," she said. "Costs are carried by businesses,
administrations and citizens - actually by society as a whole.
But I believe that companies have specific responsibility because
data is often their main economic asset."Reding said that by initiating
an EU-wide framework for data
management, the variable costs to companies of complying with
a plethora of different legal frameworks in member states would
be eliminated. The rules of applicable law will also be simplified
to reduce costs further.
Read more
click
here
Manager
Hiring Back at 2008 Levels
56% of companies
have employed at least one manager in the first quarter of 2011
according to new research from the Association for the Employment
of Managers (APEC) and 53% of French companies intend to hire
at least one manager in Q2 2011, an increase of +10 points over
Q1 2010 and an increase of +17 points over Q1 2009. More than
80% of French employers with hiring intentions are looking for
managers with between one and ten years work experience.
To read the
full report please click here (the report is in french)
News
from Hong Kong: Major Credit Agency Passes Test of Privacy Commissioner
But Deficiencies Noted
In Hong Kong,
the Privacy Commissioner for Personal Data recently exercised
his rights under Section 36 of the Personal Data (Privacy)
Ordinance and conducted an inspection of the data system
of TransUnion Limited, Hong Kong's major credit reference agency.
While the inspection did not reveal any major data breaches or
issues, the Commissioner has reported deficiencies in TransUnion's
personal data system and made a number of recommendations for
improvement.
To read more
click here
The
Associated Chambers of Commerce and Industry of India Calls for
National Body to Prevent Cyber Crimes
Industry experts
and policy makers called for creating a national body to evolve
a fine balance between cyber data protection and privacy of citizens
as the society and businesses become a part of the huge electronic
ecosystem.They also demanded a detailed regulatory, legal and
policy-enabling regime to facilitate further protection and preservation
of cyber security. Cyber secrecy and network security are extremely
relevant in today's context, said MrPawanDuggal at the 4th international
conference on 'Safeguarding the Digital Economy' organised by
The Associated Chambers of Commerce and Industry of India (ASSOCHAM).
Ms B. Bhamathi,
secretary at the ministry of home affairs, said the government
is working on a Rs. 2,000 crore criminal tracking network project
which is aimed at seamless connectivity among 16,000 police stations
across the country, allowing them to share information on crimes
and criminals in real-time.
ASSOCHAM's
secretary general D.S. Rawat said cyber security issues are a
major concern for corporates worldwide. However, he said the chamber's
vital suggestions have been accepted by the Parliamentary Consultative
Committee and incorporated in the Information Technology (Amendment)
Act 2008.
To read more
click
here
India
's Population Touches 1.2 Billion
The country's
population has touched 1.2 billion (121 crore), indicating a rise
of 17.64 per cent, according to the provisional results of the
15th Census. The combined population of Uttar Pradesh (19.95 crore)
and Maharashtra (11.23 crore) is bigger than that of the US. Among
the states and Union territories, UP is the most populous state
with 19.95 crore people while Lakshadweep is the least populated
with just 64,429 people.
While releasing
the provisional figures of the Census 2011, Registrar General
of India and Census Commissioner C Chandramauli said, "The male
population has grown by 17.19 per cent (62 crore) while the female
population has risen by 18.12 per cent (58 crore) in the country."
India 's
effective literacy rate has recorded a 9.2 per cent rise to reach
74.04 per cent, according to the 2011 census data. The literacy
rate has improved sharply among females as compared to the males.Ten
states and union territories, including Kerala, Lakshadweep, Mizoram,
Tripura, Goa, Daman and Diu, Puducherry, Chandigarh, Delhi and
the Andaman and Nicobar Islands, have attained literacy rate above
85 per cent.
To read more
click here
We
Specialize in Promoting the Products and Services of businesses
in the Background Screening Industry.
Click on the specific Marketing Portfolio above that fits your
business.
Essential
Practices for Conducting Background Checks in Japan
There is
no one specific law governing background screening in Japan, however,
various pieces of legislation do cover parts of the screening
process. Until recently, employers had the right, under Japanese
law, to conduct employment background checks on candidates.
Unless the scope of the background check was extremely unreasonable,
or clearly unnecessary, and could be viewed as an invasion of
privacy, candidates had the obligation to respond truthfully to
questions posed by their potential employers.
The practice
of background screening in Japan nowadays however has been limited
greatly in the past several years by the enactment of new legislation
relating to discrimination, privacy and dealing with third party
agencies.
The five
main laws that should be considered when designing and implementing
a screening program in Japan are:
To read the
full article click
here
Mexico
Will Not Rush to Compliance Review, Enforcement of New Law, DPA
Chief Assures
Mexico's data protection authority will not rush to
carry out compliance inspections or take enforcement actions when
rules implementing the country's new data protection law begin
taking effect in July, the head of the DPA, the InstitutoDeral
De Acceso a la InformaciónPública (IFAI), said March
10 at a conference.
As soon as
the final rules are published in July, the government expects
businesses and other covered entities to begin following the basic
requirements that they appoint an individual to be in charge of
data protection and establish written data security and privacy
policies, IFAI President Commissioner Jacqueline PeschardMariscal
said.
But the government
will not immediately begin verification activity, she said. Instead,
the IFAI will focus on training and education of covered entities
in the requirements of the rules, Mariscal said at a session of
the International Association of Privacy Professionals Global
Privacy Summit.
Mexico's
Federal Law Protecting Personal Data in Private Possession regulates
for the first time on a federal level how businesses and individuals
handle personal data. It technically took effect July 6, 2010
(9 PVLR 1016, 7/12/10), but the implementing rules are not expected
before this July, according to the IFAI (10 PVLR 368, 3/7/11).
Enforcement
of the new law is slated to begin in January 2012, Mariscal confirmed
at the conference panel entitled "Privacy: What You Need to Consider
When Doing Business in North America."
To read the
full article click here
Essential
Practices for Conducting Background Checks in Mexico
Potential
candidates may be required to consent to background checks in
Mexico, including requests about their criminal history, consumer
credit, and motor vehicle records, as a condition of employment.
If consent is not provided, an employer may legally refuse to
hire a potentially qualified candidate. An employer must request
the background check of an applicant prior to extending an offer
of employment. The applicant must then decide if they will consent
to undergo the background check process. Employers must be able
to demonstrate proof of consent. In order to substantiate valid
consent was obtained it must include specific language indicating
that the candidate agrees to the background check.
There is
no one specific law governing background screening in Mexico,
however various pieces of legislation do cover parts of the screening
process. These areas include the following:
To read the
full article click
here
EU
Article 29 Data Protection Working Party finds New Zealand adequate
At their
plenary session on 4-5 April, the EU Article 29 Data Protection
Working Party adopted an Opinion that New Zealand's data protection
legislation provides an adequate level of protection in relation
to the European Union Data Protection Directive. The WP noted
that the New Zealand legislation preceded the Directive and was
modeled on the OECD Guidelines. The Opinion now will be considered
by the European Commission in making an official adequacy decision.
To the full
report click
here
Fraud
By Employees is Growing
Fraud by
employees is the fastest growing economic crime, accounting for
between 60% and 85% of all fraud committed against businesses
- depending whose figures you believe. The annual Fraud Barometer,
published by KPMG, showed a 50% increase in the first half of
2008. Bank related fraud recorded its highest ever year-on-year
rate of increase.
In attempting
to prevent fraudulent acts being committed by employees a great
deal of emphasis is placed on employee screening ahead of employment,
either by a firm's own HR professionals or through third parties,
such as employment agencies. Realistically, such measures cannot
be relied on to do more than deter and filter out some applicants,
with existing 'form'. Even if effective screening can be afforded
at all levels of an organisation, the emphasis on new employees
can be misleading. Fraud experts point out that individual fraud
is often perpetrated by employees who have a significant length
of service. According to the Workplace Law Network " 90% of fraudulent
employees have been with their employer for more than a year -
and 20% for more than a decade "
If you can't
keep fraudsters out of your business, robust internal controls
will serve to detect as well as to deter.
For more
information click here
Camden
Council Driver Cleared By CRB Abuses Child
A man cleared
in a background check had child abuse convictions and went on
to abuse a child.The "vulnerable" child was abused while being
driven to school in 2008 by the man working for Camden Council.Despite
convictions abroad for abuse, the driver had been given a green
light by the Criminal Records Bureau (CRB).The council has been
fined £1,200, while the a spokeswoman for the Home Office,
which runs the CRB, said: "The CRB has always been clear that
if organisations recruit from overseas, a CRB check may not provide
a complete picture of an individual's criminal history."The Independent
Police Complaints Commission is investigating how the driver was
given CRB clearance by the Home Office.
To read more
click
here
INTERNATIONAL:
PROFESSIONAL WORKSHOPS AND ASSOCATION CONFERENCES
|
Featured Course:
Employing
and Vetting Non-UK Nationals 2011
Tuesday 10th May 2011
- CCT Venues - Canary Wharf, London
In the light
of the Government's introduction of a 'cap' on non-EU workers,
this is a must attend update for all employers who recruit foreign
nationals.
(
Click Here to View full
list of 2011 Events ) - Updated Monthly
ADVERTISERS IN THIS EDITION |
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Background
Screening Jobs |
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Visit
the Job Board for the Employment and Tenant Screening Industry.
Here you will find resumes of people with industry experience
and employers seeking applicants with experience in Employment
and Tenant Screening and related businesses.
www.backgroundscreeningjobs.com
UPCOMING CONFERENCES, COURSES & EVENTS |
2011
Events (
Click Here to View full list of 2011 Events
) - Updated Monthly
SHRM
State Conferences, visit
http://www.shrm.org/Conferences/StateAffilliateConferences/Pages/default.aspx
Drug
and Alcohol Testing Industry Association (DATIA), 2011 Training
Course Schedule, visit
http://datia.org
SAPAA
Training Institute Learning Events, http://www.sapaa.com/
CUPA-HR
Conferences: http://www.cupahr.org/newsroom/news_template.asp?id=5445
World
Federation of People Management Associations, Events,
http://www.wfpma.com/events/byregion.asp
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