‘Ne y windiga’ which is good day!

Most of you know that my primary consulting practice deals with Workplace Violence Prevention and that my work in this area is what led me to the support services my firm offers to the background screening industry. With this as a context my heart is particularly heavy about the violence perpetrated against theater goers and people attending church. I am sure the thought of becoming a victim of violence never entered their mind. My heart and prayers go out to the victims of these senseless, reckless and horrific incidents.

These events serve as a sad reminder and warning to people that no matter where they go they need to be aware of their surroundings, diligent and security conscious. We live in a world where violence has become a frightening norm and until we find the know-how, fortitude and focus to change this reality, each of us need to become very conscious of the need to focus on our safety and security, where ever we are, because apparently no place is immune. Also while on the subject of workplace violence many of you also know I publish the leading newsletter focused on workplace violence, The Workplace Violence Prevention eReport. It is distributed every other month to Security, Human Resources, Threat Management, Risk Management and Safety professionals. I want to remind our Diamond sponsors we not only feature your contributed articles in the regular column Inside Background Screening, but you also may contribute articles to be considered in the regular article section at any time. Click here to view the August edition of The Workplace Violence Prevention eReport


Are you one of the 91% of companies with a web site that has not created an optimized mobile web site? Based on a recent study by Mongoose Metrics, only 9% of all the websites in the world are optimized for mobile devices. Be sure to read the article, ‘Ready for a Mobile Site? Rethink Everything,’ to join the mobile revolution. 2012 Annual Background Screening Industry Buyers Guide

To get an electronic copy click here or if you would like a hardcopy version please email me at

In addition, I would like point your attention to a very valuable resource, The 2012 Data Protection Laws of the World handbook which is a ‘must see’ for those of you involved in or interested in getting involved in International background screening. Also suppliers we are working on the Summer/Fall edition of the Suppliers to the Background Screening Industry Buyers Guide. Remember Platinum Members your listing in the Suppliers to the Background Screening Industry Buyers Guide is complimentary. To view the Winter edition click here.

If you are a supplier to the background screening industry and want to be included in the this edition of the Suppliers' Guide to have your company information distributed to more than 1,600 background screening firms please contact me asap at

Thanks for joining us this month and until next time stay safe.

P.S. - Ne y windiga’ is good day in More the language of the Mossi people of Burkino Faso. French is the major language spoken across the country.


Volume 8, Edition 8, August 2012




Ban the Box" and Pre-Employment Criminal Records Checks - An In-Depth Look

Representative Hansen Clarke has proposed HR 6220, to prohibit an employer from inquiring whether an applicant for employment has been convicted of a criminal offense, except in certain circumstances. Referred to as the "Ban the Box Act", this bill is of similar intent to "Second Chance" legislation previously offered by lawmakers in recent years. ISPLA has reviewed this 13-page bill which seeks to eliminate questions on job applications regarding whether an applicant might have a criminal conviction record and to only allow a criminal a criminal background check to be undertaken after a conditional offer of employment has been made to the applicant contingent on such records check being clear. It is the bill sponsor's position that those who have served their time and paid their debt to society are worthy of consideration for employment for jobs in which the public would not be harmed by their presence or work.

To read more, click here

Vetting at the Top
Human resource executives and experts say double- and even triple-checking a C-suite job candidate's resume, references and educational background isn't just a way to spare the company from future embarrassment; it also offers career protection to the candidate who might be able to correct a resume error before it becomes an indelible stain on his record. Inside candidates as well as outside hires should be psychologically assessed and past co-workers should be mined better for information. Too often, job-seekers for top-level, highly visible posts are actually vetted with less stringency than lower-level hires, even in an age when the Internet can both magnify errors and increase the opportunities for puffery and fraud. Experts recommend having a standardized procedure in place, which requires background checks and uses skilled and impartial third-party firms to undertake that effort, but with the human-resource department involved and in charge throughout.

To read more, click here

Could a National Registry Save Hospitals from Hiring Problem Workers?

As officials continue to investigate the hepatitis C outbreak, some outraged citizens and healthcare organizations are calling for a national registry that would require hospitals and staffing agencies to report professional misconduct by medical technicians, as well using confidential, third-party reference checks. State and hospital investigations into the work history and conduct of David Kwiatkowski, a traveling lab technician and alleged infector who caused the hepatitis C outbreak at New Hampshire's Exeter Hospital, bring up questions into oversight responsibilities. Exeter believer providers and lawmakers should consider a mandatory reference disclosure process for healthcare providers to report problems with former employees, establish legislative protection for hospitals to share information that relates to criminal activity or threats to patient safety, and the possibility of a national registry that tracks problems of all healthcare workers similar to reporting systems for physician and nurses.

To read more, click here

How to Gather Social Media Evidence

With so much information being exchanged and shared online, it makes sense to see social media as a rich source of material for both plaintiffs and defendants to use in investigations. However, social media evidence has to be gathered in a way that will hold up in court. So far there are relatively few standardized methods for gathering evidence from social media sites. Collecting evidence from social media sites can be challenging because it is constantly changing, and users can easily update and delete material that could be evidence in a case. But, once a user is aware of an ongoing investigation, he or she is under an obligation to preserve social media evidence just as if it were any other type of evidence. Additionally, requests to access an employee's social media account(s) must demonstrate a valid reason to believe that there's information in their profile that's relevant to the issue under investigation. Once the evidence is gathered, it's authenticity must be proven, given the possibility of impersonation and digital fabrication in the online world.

To read more, click here

Accuracy in Criminal Background Checks

The federal government has neglected its responsibility for regulating the companies that provide criminal background checks used by 9 in 10 companies to screen job applicants. The damage done to job-seekers by flawed and unreliable data - a common problem with such services - can be devastating. For the first time, the Federal Trade Commission (FTC) has charged and settled a case with one background check company, HireRight Solutions Inc. The FTC charged that HireRight failed to follow reasonable procedures to prevent obviously inaccurate information from being provided to employers and, in many cases, even included the records of the wrong person. The company signed a consent decree that requires it to pay $2.6 million, provide consumers with information in their files in a timely manner upon request, promptly notify people who dispute their background reports about the outcomes of the investigation; and update reports to reflect the expungement or dismissal of criminal charges. The company must also submit to monitoring by the FTC. The standards in this settlement should be applied to all such businesses.

To read more, click here


Conducting Online Investigations Using Deep Web Resources

An investigative analyst can find information that is hidden from traditional search engines. Analysts can search the "invisible web", or deep web sources, including public records and social networks. By combining and re-combining information from these searches, they can uncover information and connections that are otherwise difficult to find. In fact, conducting a search on a traditional search engine, such as Google, only covers one per cent of what's available on the Internet. Experts suggest that Internet research be done by an investigative analyst, and not by a traditional investigator who may not have the in-depth web knowledge to find all the relevant information. Some of the most effective uses of online investigations are: loss prevention, locating goods in Craigslist or intellectual property on Myspace and criminal activity, including tracing cell phones, PO boxes and e-mail addresses. Using advanced tools, investigative analysts review and extract the information they need, but they can only do what's legally permissible. Luckily for them, most people tend to leave their profiles wide open.

To read more, click here

U.S. Data Privacy Plan Not Deregulation, Says White House

With both the EU and U.S. in the early stages of reviewing their online data privacy regimes, the White House has defended its blueprint against claims that it is too soft on the digital industry. Daniel Weitzner, President Barack Obama's deputy chief technology officer for internet policy, said that the 'multi-stakeholder' process the White House was proposing, which encourages companies to develop codes of conduct, "is not a code word for deregulation." Weitzner also said that major companies have indicated to the U.S. administration that they were willing to be bound by such codes. If companies do sign up, he said he was very confident that the FTC would vigorously enforce the codes. Meanwhile, the White House will continue to urge the U.S. Congress to enshrine into law the Consumer Privacy Bill of Rights that Obama proposed in February 2012. The report also touches on concerns about the EU-U.S. Safe Harbor Agreement, noting, "There is a growing realization that this agreement will need to be updated in light of the ongoing overhaul of the EU and U.S. privacy frameworks."

To read more, click here (may require registration to access full article)

Credit Checks On New Hires Declines

Fewer employers are conducting credit checks on job candidates than two years ago, according to a recent survey by the Society for Human Resource Management. Fifty-three percent of firms say they do not use credit reports in their hiring process, up from two years ago, when only 40 percent did not use reports.

"Employers are paying additional attention to the way credit reports are used," relates Mike Aitken, SHRM vice president for government affairs. One reason firms tread carefully with reports (credit reports provide a detailed payment history, not a single numerical credit "score") is that eight states now have laws restricting how a job applicant's bill-paying habits can be considered, and many other states have considered enacting rules.

To read more, click here

A Third of Companies Plan to Increase HR Spending In 2013

A third (31%) of companies plan to increase their spending on HR Technology in the coming year in an attempt to continue growt and improve efficiency in the face of a challenging economic environment. According to annual research released by global professional services company, Towers Watson, over half (53%) of the 628 global organizations involved in the research are planning to match last year’s investment levels while only 16% expect to reduce HR Technology spending.

To read more, click here

Obama Amnesty Program Sends Illegal Immigrants In Search Of Criminal Records

Tarrant County has seen a dramatic spike in the number of requests for criminal record searches from Dream Act hopefuls seeking to gain U.S. citizenship. The "Dreamers," as some call the illegal immigrants who were brought to the U.S. as children, hope to be granted deferred action under an Obama administration directive. As many as 800,000 undocumented young people in the U.S. could qualify under deferred action, some estimates show. Applicants must submit to a background check and have a clean record without felonies and serious misdemeanors, or any evidence of being a threat to the country.

As a result, demand for felony record searches has almost tripled over the last two weeks, District Clerk Tom Wilder said Tuesday. In late July, Wilder said his clerks ran 58 searches. By comparison, 169 searches were recorded the week of Aug. 13-17, Wilder said.

Department of Homeland Security officials are expected to decide each case. Wilder said it is using the data from Tarrant County as a "screening" tool.

To read more, click here


Unwittingly Rented Home to Marijuana Grow Operation

Dana Nance thought that for the last couple of years she was renting her Houston-area home to a nice woman with a child and two younger brothers. That was until her home was raided by the Drug Enforcement Agency as part of a takedown of major marijuana grow operations. Nance's home was one of 50 filled with pot plants and rigged with equipment to grow them. Now, Nance has learned that the woman she thought she was renting to actually lives in Washington and was specifically hired to go and rent properties because of her clean history and background. Nance hasn't been allowed to enter her home to assess damage because the DEA is still investigating whether she was involved in the scheme. To avoid renter loopholes like this, Nance advises future landlords to get references on your references, which includes speaking with employers, not just rental references.

To read more, 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 Ann Cun, Counsel and Principal Editor at LawLogix, Inc for providing the expertise for this valuable endeavor. For information regarding the answers to the Legal Challenge Questions, please contact Ann Cun, Counsel and Principal Editor, LawLogix Group, Inc. at (602) 357-4240 and for more information about LawLogix e-verify and immigration support services please visit

Please choose your answer by clicking on it:

Jane Smith is correcting a Form I-9 that was prepared by another human resource coordinator. The initial List B document that was presented indicated the wrong issuing agency. What is the best practice approach in which Jane should make this correction?

a) White-out the error; then write in the correction on the same line.

b) Scratch out the error in blue or black ink; then write in the correction on the margin; initial and date the current date.

c) Line-out the error in red ink; then write in the correction on the margin; initial and date the current date.

d) Complete a new I-9 Form but only for Section 2, Part B.


Landlords: Intimidated by Tenant Screening? Five Simple Do's and Don'ts for Peace of Mind

As the demand for rental properties skyrockets, landlords can be bombarded with applicants. Fortunately, comprehensive tenant screening can greatly reduce the chances of signing a bad renter. Here are a few things a landlord should do while screening tenants: Conduct a comprehensive background check; Make the applicant pay for the report; and Take the time to read the tenants' background reports carefully. Always use a report that includes credit, criminal and eviction screening at a minimum. If the potential renter is interested in a property, has nothing to hide and has the funds to rent, he or she should be comfortable paying for the report. Also, take note of any collections flags. Avoid wasting time on the phone call to prior landlords, and don't forget about fair housing. Calling a tenant's prior landlord is often ineffective because some landlords provide no information as a policy to avoid any chance of defamation and others lie to expedite a troubled tenant's move. To avoid fair housing issues, make sure to create objective standards for your decision and apply them to the data in the screening report.

To read more, click here


How to Avoid Liability Under the New EEOC Guidelines Governing the Use of Criminal Background Information

Employers must now be wary of improperly using criminal background information to exclude candidates and employees. Following a $31 million settlement with a global beverage company for its strict policy excluding anyone with a criminal record from employment, the EEOC recently issued new, comprehensive guidelines solidifying its long-held position that improper use of criminal background information in making employment decisions could constitute unlawful race discrimination under Title VII. As a result, employers may feel stuck choosing between potential liability under Title VII for screening employees and applicants in good faith, or risking liability for negligent hiring if they neglect to perform criminal background checks or to monitor employees with criminal backgrounds. It is crucial for employers to develop a non-discriminatory policy as it relates to criminal background checks.

To read more, click here

New York Tightens Protections on Social Security Numbers

A person may not be required to disclose or furnish his or her Social Security Number (SSN) for any purpose under a new law signed by New York Governor, Andrew Cuomo. The new law safeguarding SSNs applies to employers and certain other entities in the state and becomes effective December 12, 2012. Businesses must review their practices with employees, customers and other individuals in situations where all or a part of the Social Security Number is involved. The law does not provide for a private right of action; the State Attorney General enforces it. A civil penalty of not more the $500 per violation may be imposed for a first offense, $1,000 for a second offense. However, the law suggests that so long as reasonable measures have been adopted to avoid a violation, unintentional, bona fide errors will not result in penalties.

To read more, click here

How to Minimize Potential Liability for Employment References in Minnesota

Minnesota law provides protection to employers who disclose certain types of information in response to requests for employment references. If an employer stays within the confines of the statute, a current or former employee must make a heightened evidentiary showing to prevail on a lawsuit against the employer related to the disclosure. With limited exceptions, in order to maintain a cause of action against an employer, a current or former employee must be able to prove by clear and convincing evidence that: (1) the information was false and defamatory; and (2) the employer knew or should have known the information was false and acted with malicious intent to injure the current or former employee. Employers can minimize potential liability for employment references by limiting their disclosures to include only the information that is authorized under the statute.

To read more, click here (may require complimentary registration)

The EEOC is Ordered to Show What's Behind the Agency's Curtain in Background Checking Suit

Recently, in EEOC v. Freeman, the U.S. District Court for the District of Maryland halted EEOC's efforts to avoid depositions of its officials to inquire about their use of criminal background checks and credit histories in the

EEOC's own hiring practices. In this case, the EEOC brought suit against Defendant alleging an on going, nationwide pattern or practice of discrimination against African-American, Hispanic, and male job applicants based on the use of criminal background checks. Now, according to Magistrate Judge Charles B. Day, Defendant may compel EEOC officials to testify about the agency's own practices on the issue for which this suit is pending. The ruling is the second such decision to compel the EEOC to provide discovery about its own personnel practices. The Magistrate Judge's ruling is an important development in background checking law and comes on the heels of legislation that implements limits on when private and public sector employers can use consumer credit reports and background checks for employment screening purposes.

To read more, click here

 LEGAL ISSUES (continued)

New Background Screening Rules For Minnesota Collectors

The Minnesota Department of Commerce has expanded its criminal background check requirements for debt collectors, effective Aug. 1.

Under Minn. Stat. § 332.35, as amended by H.F. 2335, no registration or license will be issued for a collector if, within the past five years, the individual has:

  • Been convicted in any court of fraud or felony;
  • Been convicted of any misdemeanor involving identity theft or other financial crimes;
  • Been unable to certify whether a civil judgment has been entered against the individual; or
  • Had a license to practice law revoked or involuntarily suspended.

A licensed Minnesota collection agency must establish procedures to follow when screening an individual debt collector applicant for initial registration and at renewal.

To read more, click here


The Enemy Within: Who's Stealing Your Company's Secrets? (08/07/12) Hoare, Rose

A new survey of 2,031 European office workers conducted by the information management firm Iron Mountain found that a third of them admitted to taking or transmitting confidential information out of their workplace. One in seven of those surveyed said they had taken confidential data with them to a new job and 31 percent said that they would deliberately remove or share such information were they to be fired. This is a major problem, according to Iron Mount Senior Vice President Peter Eglinton, who noted that a focus on outside threats to data security often causes the risks posed by those with routine access to sensitive data to be overlooked.

Source: Security Management

Workers Have Stolen $400m from Employers Since 2000

Whether it's a crime of opportunity, greed, malice or a combination of all three, over the past 12 years Aussie workers have stolen $400 million from their employers - and that's just the figure of those who were caught. According to a new report from forensic accounting firm Warfield and Associates, the banking sector contained the worst offenders, with accountants and bookkeepers topping the list. The research also found evidence of major governance weaknesses in some of Australia's largest organizations. The most common method of theft was through electronic funds transfer, where employees simply transferred cash into their own accounts. Report author Brett Warfield said that organizations should learn from the mistakes of others, and ensure there are effective internal controls, appropriate supervision and regular internal audits in place. "We see EFT fraud as one of the major fraud issues of this decade," said Warfield.

To read more, click here


iCIMS Partners with LexisNexis

iCIMS, a leading provider of Software-as-a-Service (SaaS) talent acquisition software solutions for growing businesses, formally announced its new relationship with the leading global background screening provider, LexisNexis. iCIMS will now offer LexisNexis as an additional Background Screening option available with its flagship product, the iCIMS Talent Platform.

With the alliance in place, Human Resources professionals at companies using the iCIMS Talent Platform can now leverage LexisNexis data to conduct pre- and post-employment screenings. LexisNexis is the leading global provider of risk-related information and analytics with leading positions in the insurance, financial services, retail, healthcare, government, and legal markets.

For more information visit LexisNexis Risk Solutions

Public Record Update

Sponsored by:

Public Record Update
By Mike Sankey, PRRN

  SAM and the Excluded Party List System (EPLS)

At the end of July 2012, access to the Excluded Parties List System (EPLS) was taken over by a new system. EPLS, along with Federal Agency Registration (FedReg), the Central Contractor Registration (CCR), and the Online Representations and Certifications Application (ORCA), were migrated into the new System for Award Management also known as SAM ( At this time, SAM is overwhelmed and record searching on the EPLS is still available at Indications are this search feature will eventually be moved to SAM

Other free search federal government sites commonly used in background investigations remain unchanged, including:

• Denied Persons List -
• Unverified List - Debarred Parties List -

Click here for a BRB links list of other useful federal search sites.

  Facts About the Accuracy and Completeness of State Agency Criminal Record Repositories

© BRB Publications, Inc. • • 800-929-3811 • Fax 800-929-3810

Many employers and state licensing boards depend on state criminal record repositories as a primary resource when performing a criminal record background check. What these entities do not realize is that a search of the state criminal record database may not be as accurate as assumed. There are three key reasons why the completeness, consistency, and accuracy of state criminal record repositories could be suspect-

1. Inability to Match Dispositions with Arrest Records

2. Timeliness of Receiving Arrest and Disposition Data

3. Timeliness of Entering Arrest and Disposition Data into the Repository

The basis for this concern is supported by facts contained in a Study released in November 2011 by
the Bureau of Justice Statistics of the U.S. Department of Justice1. Consider the following findings from this Study-

  • 9 states reported that 25% or more of all dispositions received could NOT be linked to the arrest/charge information in the state criminal record database.
  • A total of 1,753,623 unprocessed or partially processed court disposition forms were reported by 18 states.
  • 27 states reported a significant backlog for entering court disposition data into the criminal history database

To read more, click here

 ANNOUNCEMENTS (continued)

Hireright Applicant Center Mobile Wins Techamerica High-Tech Innovation Award

HireRight , Inc., a leader in on-demand employment screening, today announced that its unique product, Applicant Center Mobile, a personalized candidate portal, was named the winner in the Internet/E-Commerce product category in theTechAmerica High-Tech Innovation Awards. Now in its 19 th year, this premier business event celebrates excellence and achievement in the region's technology industry, and honors local companies, individuals and products that drive innovation in Southern California. HireRight Applicant Center Mobile is the industry's only secure, personalized candidate portal. It helps candidates through pre-employment screening by allowing them to manage their background check process in real-time, supply information, view the status of the check, and access live help through any mobile device.

For more information, visit the company's web site at


Airlines, Autos Boost Durable-Goods Orders

Orders for big-ticket items such as autos and airlines surged in July, but other areas of the U.S. manufacturing sector softened for the second month in a row, according to a government report.

The decline in orders for big-ticket items outside the transportation sector provides further evidence of a broad slowdown in the U.S. economy. Companies are receiving fewer orders for expensive goods at home and finding it tougher to market their wares in overseas markets such as Europe and China that are slowing.

On the strength of higher bookings for aircraft and autos, however, orders for durable goods climbed 4.2% in July to mark the biggest increase since last December, the Commerce Department said Friday. Economists surveyed by MarketWatch had expected orders to jump a seasonally adjusted 3.0%.

To read more, click here

Employment Gains for August 2012 Won't Affect Current U.S. Jobless Rates

Hiring will continue steadily in the manufacturing and service sectors in August-following national labor market trends-according to the Society for Human Resource Management's (SHRM) Leading Indicators of National Employment (LINE) survey for August 2012.

However, recruiting difficulty increased slightly in July 2012 for key jobs in manufacturing and services, compared to July 2011.

The findings for new-hire compensation were mixed in July 2012, rising slightly in the manufacturing sector, and falling modestly in the service sector.

"The good news this month is that the LINE employment expectations index for August 2012 increased compared with a year ago," said Jennifer Schramm, GPHR, manager of SHRM's Workplace Trends and Forecasting. "This is noteworthy because it is the first time since April 2011 that the year-over-year comparisons for employment expectations showed an increase in both sectors."

Source: August 2012 SHRM LINE Report

To read more, click here

ASA Staffing Index Monthly Report: August 2012

Staffing employment in August is up 6.0% from August 2011, according to the ASA staffing Index. The index value for the month of August is 92, indicating that staffing employment is approximately 0.9% higher than that reported for July. Typically, staffing employment peaks between mid-November and mid-December each year, after which it dramatically declines for several weeks before turning upward in mid-January. According to the index, since the beginning of 2012, temporary and contract employment has grown 23.5%.

To read more, click here


Drug Screening Now Required for People Seeking Welfare Benefits in Utah

People seeking welfare benefits in Utah must now take an online drug-screening survey, designed to determine if they are likely to have a substance use disorder. Those who receive a high score will be required to take a drug test. A person with a positive drug test will have to enroll in a drug treatment program and stay off drugs, or else their benefits will be cut off. The survey, created by the SASSI Institute, is 94% accurate. According to Utah State Representative and bill sponsor Brad Wilson, an estimated 5 to 10% of welfare recipients are drug-dependent. Michigan and Florida have already faced legal challenges when they mandated drug testing for welfare recipients. In both cases those laws were struck down as unconstitutional. Many other states have also been considering similar measures.

To read more, click here

  DRUG TESTING (continued)

Ohio Uses Fingerprint Scans to Fight Prescription Drug Abuse

A pilot program in Ohio is using fingerprint scans in an effort to fight prescription drug abuse. Patients submit to a scan before seeing doctors in one hospital system, while several pharmacies are using the scans for patients filling prescriptions. Participation in the program is voluntary and if the pilot program is successful, the scans could become more widespread throughout the state. Once the fingerprint is scanned, the data is instantly uploaded to the patient's electronic medical record. The information will help track how many times the patient has visited the doctor and pharmacy, and how many pills the patient has been prescribed. The instant information provided by the fingerprints will provide data more quickly than Ohio's prescription drug monitoring program, which has a one-week lag in uploading patient data.

To read more, click here

How's Your Drug-Screening Program?

FightReady's co-founder, Bill Judge believes the following are the most common: mistakes employers make when implementing a drug screening program:

· Have a policy but keep it in a drawer and don't look at it

· Follow the Department of Transportation's (DOT) procedures for employees who aren't regulated by DOT

· Enforce a single nationwide policy

· Fail to train employees and managers

To read more, click here


Confidentiality of the Accreditation Process

I was speaking with the owner of a CRA about accreditation when he told me that he had heard from four non-accredited firms that they were afraid of accreditation because they had direct, fierce competitors on the accreditation committee and were worried about confidentiality. They were worried that their competitors might see clients, proprietary processes, procedures or technology.

There's a few reasons to not get accredited, very few good reasons not to get accredited, but the disclosure of proprietary information is neither. In creating the NAPBS accreditation process and procedure, our elected board members did think of this and proactively address it.

The first and primary protection is that the auditor is an independent third party. He is not a CRA and auditing is his business. He reviews the material; he performs the on-site inspection and then makes a recommendation to the accreditation committee. And he keeps the all information confidential.

The accreditation committee does not see the submission submitted by the applying CRA. The materials that the committee may see is limited and clearly spelled out in the accreditation procedure.

To read more, click here


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We are constantly researching information to use for The Background Buzz and you can put our research to use for you. Using the information rich content from The Background Buzz (minus the ads and competitors information) we will create a custom newsletter for you.

Use your staff’s time to do more valuable work and save all the hassle of researching or writing articles, formatting and managing all the other ezine tasks with our customized ezine process.

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 One Site! Many Suppliers!

Looking for the Top Suppliers in the Industry? Need to find a new Supplier?

Visit our VENDOR SHOWCASE which features suppliers to the Background Screening Industry.

2012 Winter Edition of Suppliers to the Background Screening industry Guide
Now Available!
Click here or on image to get a copy

Contact Barry Nixon at for information on getting your firm listed in the Summer Edition.

The Summer/Fall Edition Coming Soon!


List of Top Ten I-9 Audit and E-Verify Resources

Veterans and novices to the I-9 and E-Verify field can access a variety of online resources available at their fingertips. Here's our list of favorites (in no particular order). Did any of these make it to your list?T9o

To see the Resource list click here


The Proposed New I-9 Form: Why Employers Should Prepare Now

This coming fall, the Department of Homeland Security may release its updated version of the Form I-9. The new form is likely to be 80% larger than before, increasing from a five-page document to nine pages and will include several changes over the previous version. While some of the changes promise to facilitate more accurate completion of Form I-9, the new document also leaves and creates many gray areas, without clarification in the instructions about what is required. These changes present new possibilities for errors and put employers at greater risk of receiving audits and fines. While avoiding errors is of great importance for employers, there are also areas of the form that are causing greater public concern around privacy issues and processes, such as the inclusion of a 3-D barcode. It is imperative that employers understand the proposed changes, be ready to supply the necessary information, and are prepared to update training materials.

To read more, click here

New White Paper From HR Marketer

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White Paper Social Influence:
Thriving in a New World of Media Relations

Social media has created a world of dizzying potential: it's incredibly easy to share your news with press, analysts, and decision-makers. Yet media relations is tougher than ever! As the pendulum swings from print to online media, the traditional roles of journalists and analysts are merging into a community of bloggers, HR professionals, consultants and other influencers.

To download the free white paper click here




Data Protection Laws of the World Handbook

In April DLA Piper published the first edition of the Data Protection Laws of the World Handbook 2011/2012 ("the Handbook").

The Handbook offers a high-level snapshot of selected features of national laws as they currently stand in 58 jurisdictions across the world. It is intended to provide a quick overview of features of data protection law that are often of greatest practical significance to businesses, such as international data transfer restrictions, security obligations and breach notification requirements. Also included is a section on enforcement, as this is always an important consideration in assessing the risk presented by any jurisdiction.

The Handbook has been prepared utilising extensive international coverage of both DLA Piper and other law firms, whose details are set out in the Handbook.

To download a copy of the publication go to

International Assignments on the Rise

Nearly half of the multinational companies responding to a recent survey expect to increase their international assignments through 2014, despite the high costs involved for such assignments. Towers Watson, a global professional services company and Worldwide ERC, a workforce mobility group, conducted the online survey with 113 respondents from September 2011 to January 2012. They then supplemented the report with interviews from some of the companies for its 2012 Global Talent Mobility Study,released in July 2012.
U.S.-based companies led the way in the number of multinationals expecting to increase the number of their traditional international assignments (54 percent), followed by Asia-based companies (43 percent). Traditional, long-term assignments generally last one to five years and short-term assignments less than a year, according to a Towers Watson spokesman. Organizations headquartered in Europe were more cautious in their expectations over the next several years, with only 26 percent planning to increase such assignments and 40 percent expecting to decrease the number of employees they will send on international assignments.

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Coming to a Workplace Near You: Random Drug Tests?

Random drug testing among employers in Canada is no where near as widespread as it is in the U.S., largely due to a tangle of constitutional rights, legislation, and privacy laws that make such practices a legal uncertainty. However, with the Canadian Supreme Court set to a hear a high profile case on the issue this fall, and private and public sector employers across the country implementing some form of random drug screening program, there is a chance that the practice will become more common in Canada. But employers hoping for a blanket green light like the U.S. will be disappointed. The best guess here is that random tests will only ever be allowed for employees in safety sensitive positions. And, since alcohol and drug addiction are disabilities under human rights laws, employers that conduct tests will also have to ensure they have excellent resources available to help employees who test positive.

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A Push to Protect Personal Data

The State Council is pushing government departments, banks and e-commerce companies to better protect people's personal information, with the release of suggestions on enhancing the security of the data they collect. In guidelines released Tuesday the State Council suggested it will help fund new security technologies that promote digital signatures that could replace simple client-selected passwords. The development of enhanced security technology will focus on pilot industries, including software outsourcing services, information technology services and e-commerce.

"Regulations and laws on personal information protection are urgently needed, as leaking personal information has seriously affected the security of all citizens," said Lü Benfu, vice dean of the Graduate School of the Chinese Academy of Sciences and an expert in information security. "The first step is to define what kind of release of personal information is illegal." The seventh Amendment to the Criminal Law regulated that "whoever illegally obtains the aforesaid information by stealing or any other means shall, if the circumstances are serious, be punished." However, no specific definition of the leakage of personal information is stipulated.

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Germany: New EU Data Protection Regime Will Bring Significant Changes

On 25 January 2012 the Commission's official proposal for the reform of the European Data Protection Directive 95/46/EU was presented. We have analysed this 119-page draft and have summarised its main aspects. Although there will be further changes to the draft before its envisaged entry into force in 2015/2016, the decisive legislative phase begins now, with the possibility for interest groups to exert their influence.

On the whole, the Regulation is essentially in line with the law applicable in Germany to date. However, there will be numerous significant amendments in future.

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Hong Kong Privacy Commissioner Publishes Guidance on the Handling of Data Access Requests and the Charging of Access Fees

The Hong Kong Privacy Commissioner for Personal Data recently issued a guidance note to provide data users with assistance on how to comply with data access requests, as well as how to calculate the fees to be charged in connection with such Access Requests. The Guidance Note was in part a response to the increasing number of complaints received by the Commissioner relating to Access Requests in recent years, approximately 10% of which concerned excessive Access Fees. Organizations may wish to establish detailed guidelines and procedures for the handling of Access Requests (including calculating Access Fees), to ensure that such requests are dealt with promptly and efficiently, and in accordance with the Ordinance. Failure to comply with the requirements in the Ordinance may constitute an offence and render the data user liable to a maximum fine of HK$10,000 (roughly 1,300 U.S. dollars).

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National Vetting Bureau (Children And Vulnerable Persons) Bill

The National Vetting Bureau (Children and Vulnerable Persons) Bill 2012 is part of a suite of complementary proposals aiming to provide a legislative basis for the vetting of persons who seek positions of employment relating to children or vulnerable persons. Currently persons applying for such positions are vetted on a non-statutory basis. This Bill will make this vetting mandatory. The Garda Central Vetting Unit, established in 2002, will be renamed the National Vetting Bureau. Employers would be wise, therefore, to ensure that the new provisions, when enacted, are reflected appropriately in staff handbooks and contracts of employment and that appropriate training is given. Once the new law is enacted, any employer who fails to ensure vetting is carried out will face criminal penalties. The Bill does not apply to any work or activity undertaken in the course of a family relationship or to persons who assist occasionally and on a voluntary basis in certain activities or events be they school, sport or community related.

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Personal Data Protection Law Coming This Year

The Government will introduce a Data Protection Act this year, which will regulate the use of personal information compiled on Jamaicans. The Act will seek to protect the privacy of individuals in relation to personal data and the regulation of the collection, processing, storing, use and disclosure of certain information relating to individuals. Ministry of Science, Technology, Energy and Mining Minister of State Hon. Julian Robinson, told the government recently that there is "a need for a more uniformed, robust and clear mandate to protect privacy and personal information." Robinson added that a position will be established for a single information and communication technology regulator within the next couple of years.

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Philippine Data Privacy Law is Signed into Law

On August 15, Philippine President Benigno Aquino III signed into law the Data Privacy Act of 2012, formally titled "An Act Protecting Individual Personal Information in Information and Communications Systems in the Government and the Private Sector, Creating for this Purpose a National Privacy Commission, and for Other Purposes". The Act is modeled after the EU Data Protection Directive and the Asia-Pacific Economic Cooperation (APEC) Privacy Framework. The Act applies to "the processing of all types of personal information" and to any person, including both government and private-sector entities, "involved in personal information processing including those personal information controllers and processors who, although not found or established in the Philippines, use equipment that are located in the Philippines, or those who maintain an office, branch or agency in the Philippines." The Act contains provisions that govern the processing of personal information, the rights of data, and the security of personal information and sets forth a detailed schedule of penalties for violations of the Act, which include both imprisonment and fines.

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BPO companies more bullish after signing of data privacy law

The Business Processing Association of the Philippines, the umbrella association of the information technology-business process outsourcing industry in the country, said the signing of the Data Privacy Act by Malacañang into law was an important first step to increase confidence among foreign investors.

President Benigno Aquino III signed Republic Act 10173 on Aug. 15, which requires the protection and preservation of personal data collected by public agencies and private organizations.

Benedict Hernandez, BPAP president and chief executive, said the law "brings the Philippines to international standards of privacy protection."

The act is based on standards set by the European Parliament and is aligned with the Asia-Pacific Economic Cooperation Information Privacy Framework. The Data Privacy Act requires the creation of a National Privacy Commission under the Transportation Department. Angara said the implementation of the law would require the training of experts and development of rules and regulations.

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ICO Issues Top Five Areas for Improvement for SMBs

The Information Commissioner's Office (ICO) top five areas for improvement for small and medium-sized businesses are: Tell people what you are doing with their data; Make sure your staff are adequately trained; Use strong passwords; Encrypt all portable devices; and Only keep people's information for as long as necessary. The ICO has also recommended that charities and third sector organizations do a data protection 'check-up', as they often handle sensitive information such as individuals' medical details and are potentially more susceptible to encountering a serious data breach. An ICO advisory visit is offered free of charge to give small and medium-sized organizations the opportunity to discuss and receive practical advice from the ICO aimed at improving their data protection practices.

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Next Steps Making midata a Reality

The Government has recently highlighted its proposals for the ground breaking midata programme, as part of its ongoing consultation and progress review which sets out measures to provide it with a legal framework. The Government is committed to putting the UK at the forefront of this rapidly developing market which is why the consultation proposes introducing a power that, when exercised, would give new rights to consumers to access their personal transaction data in an electronic, portable and machine-readable format. midata was launched in April 2011 as part of Government's consumer empowerment strategy, Better Choices: Better Deals. The programme is a partnership between the UK Government, consumer groups and major businesses aimed at giving consumers access to the data created through their household utility use, banking, internet transactions and high street loyalty cards. Allowing people to access and use this personal data has the potential to open up a wealth of opportunities for consumers and businesses, promoting growth across the wider economy.

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More Than Half of Employers Don't Test Company Car Drivers for Alcohol or Drug Use

An annual survey report by the charity Brake, found that more than half of fleets (57%) do not test drivers for alcohol, and an even greater proportion (63%) do not test for illegal drugs. The report was sponsored by Licence Bureau and includes responses from 134 organizations on a range of road risk management issues. This report was published just a few days after the Department for Transport posted provisional figures for crashes involving drink driving during 2011 which revealed a 12% increase in deaths and a 3% increase in seriously injured causalities. Brake's report also benchmarks companies' approach to other causes of driver impairment such as driver tiredness, health and eyesight, with four in ten companies not offering eyesight testing for drivers. The survey report features expert advice on tackling driver impairment and case studies of companies who have successfully put procedures in place to mitigate the associated risks.

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World Information Center:


Background Screening Jobs

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.


2012 Events ( Click Here to View full list of 2012 Events ) - Updated Monthly

SHRM State Conferences, visit

Drug and Alcohol Testing Industry Association (DATIA), 2012 Training Course Schedule, visit

SAPAA Training Institute Learning Events,

CUPA-HR Conferences:

World Federation of People Management Associations, Events,


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