http://www.workplaceviolence911.com/docs/barry03-08buzz.jpgIska warran?

With 2014 arriving shortly I would like to wish our readers and their families a most joyous and prosperous new year. I also wish our readers that follow the Chinese Calendar a great new year with the coming of the Year of the Horse. The Chinese year 4712 begins on Jan. 31, 2014.

Is your company's HR Manager up to speed on issue relevant to running a background screening business? Is your Sales staff up to speed on the latest issues that are on customers minds? You may want to forward a copy of The Background Buzz to make sure they stay informed.

Now is a good time to verify your company information listed on PreemploymentDirectory.com to ensure we have it correct. Please let us know if anything needs to change.

The long awaited 2013-2014 Suppliers to the Background Screening Industry Buyers Guide is finally out.

Text Box:  Get your copy here .

Thanks to all of you who have visited our new web site at PreemploymentDirectory.com and have taken us up on our offer to post your company's articles, white papers, etc. to our Background Screening Knowledge at no charge to you. We are creating an open source for Human Resource professionals and others involved in the hiring process to gain access to information about background screening. You can add hyperlinks to your articles, white papers, etc. and include a link to your registration form to capture potential leads. This will positively contribute to you SEO efforts and drive traffic and leads to your web site. To submit your information click here.

We are excited to introduce the 2013 Best Advertisers of the Year Awards for Suppliers to the Background Screening Industry. We thought it was time to acknowledge and give recognition to the suppliers who so diligently support the industry. All supplier ads that have appeared in any of our publications in 2013 including The Background Buzz, the Suppliers to the Background Screening Industry Buyers Guide and PreemploymentDirectory.com will automatically be included in the judging for awards. The categories will include the following: Most Appealing, Best Brand Awareness and Most Effective Message. Winners will be determined by votes from background screening firms. Click here for details.

We are also adding some new advertising opportunities to PreemploymentDirectory.com and some additional benefit to our Diamond Sponsors. See the Targeted Marketing Opportunities for Firms in the Background Screening Industry.

Finally, I would like to take this occasion to think our subscribers and our advertisers for making 2013 another successful year. We look forward to connecting and working with you in 2014.

Have a fabulous and safe New Year's celebration.

P.S. Iska warran is 'How are you?' in Somali. The traditional languages of Djibouti dating back to its pre-colonial era are Somali and Afar with Somali being spoken by the largest indigenous population. Note that French and Arabic are the official languages of Djibouti although these languages are predominantly spoken by the elite and educated.

Volume 9, Edition 12, December 2013
 


GOLD SPONSOR






 
 

 BACKGROUND SCREENING NEWS

2013 Baker's Dozen Customer Satisfaction Ratings: Pre-employment Screening

HRO Today's Baker's Dozen rankings are based solely on feedback from buyers of the rated services; the ratings are not based on the opinion of the HRO Today staff. HRO Today collect feedback annually through an online survey, which is distribute both directly to buyers through their own mailing lists and indirectly by sending service providers the link to send to their clients.

Once collected, response data are loaded into the HRO Today database for analysis to score each provider that has a statistically significant sample. For this survey, we required 13 responses from 10 companies, and we received feedback from more than 600 verified customers.

In order to determine an overall ranking, HRO Today analyzed results across three subcategories: service breadth, deal sizes, and quality.

See Baker's Dozen Rankings

Under the Microscope: The How and Why of Background Checks

Corporations are increasingly cautious in order to ensure the integrity of their service partners are deeper levels and wary of putting someone in a transferee's path who has not been background-checked. Many background checks include verification of identity, employment history, and education; information on credit or financial and motor vehicle records; confirmation of professional licenses; and a search to determine if there is a criminal past. The trend toward background checks being requested more frequently by those generating transfers and global assignments is driven by a few factors: the greater overall focus on safety and security (both data and physical); prodigious advances in technology, as well as social media profiles that make the screening process easier; and speedier and more cost-effective channels to source information. And adding to the argument on behalf of background checks is the heightened employer concern that individuals may not always be straightforward about their background and employment histories. . "Background checks protect the company providing a service or generation an assignment and also show employees, their families, and our referral sources that we value their safety and security," said Lisa Milovanovic, president of Global Mobility Designs, LLC. Experts agree it is critical to have a trusted and extremely reputable global vendor network.

Read more

Screening 2.0

Hiring employees requires extensive background checks as part of the employment process. Today's most successful background checks integrate an applicant tracking system (ATS) with their provider's background screening technology. Some providers even have mobile features. Organizations mitigate risk through background screening to avoid hiring an employee with a criminal past or a range of fictitious accomplishments. And it's warranted. According to the ADP Annual Screening Index, 41% of employment, education and/or credential reference checks revealed a difference of information between what the applicant provided and what the source reported. Hiring the wrong employee is dangerous and expensive. According to the U.S. Small Business Administration, for every dollar an employer invests in employment screening, the return on this investment ranges between $5 and $16, resulting from improved productivity, reduced absenteeism, lower turnover, and decreased employer liability. At the same time, it is equally important that the job candidate not feel like he or she is being unfairly judged or singled out because of an overly burdensome screening process. Employment branding is also playing a larger role in the talent acquisition process, and swift and painless background screening can have a positive impact. A hiring experience that is error-prone, overly intrusive, or suggests the employer is technologically unsophisticated will likely steer top-notch talent elsewhere.

Read more



Texas Wants Background Checks for Health-care Navigators

The counselors tasked with helping uninsured Texans navigate their way through the complicated process of buying health insurance will have to jump through a series of hoops to get licenses under new rules proposed by the Texas Department of Insurance. The so-called navigators would have to prove their citizenship or employment eligibility, undergo a background check and show evidence of financial responsibility under the new rules, proposed by Texas Insurance Commissioner Julia Rathgeber. They would also have to receive 40 hours of education on Texas-specific Medicaid and privacy standards, then show proof that they have the proper training to guide consumers to the right health plans. Navigators would be prohibited from charging for their services and from recommending specific health benefit plans to consumers. The proposed rules would also restrict navigators from providing advice on the substantive benefits or comparative benefits of different health plans. "In Texas, we are being vigilant about safeguarding privacy and keeping personal information out of the wrong hands," said Rathgeber. "These proposed rules address insufficiencies in federal regulations and make the training and qualifications of navigators in our state more readily apparent to consumers and service providers." Supporters of the Affordable Care Act said the rules, among the most restrictive in the country for navigators, will increase costs and could hinder consumers.

Read more

 BACKGROUND SCREENING NEWS - continued

Study: Employers May Be Using Social Media to Discriminate

According to a new study from Carnegie Mellon University, employers may be using their social media research of potential applicants to discriminate. Using fake profiles on popular social networking sites, the researchers found that Muslim applicants were less likely to be called back for an interview than applicants with a profile suggesting they were Christian. The findings demonstrate the dangers for employers of consulting sources like Facebook and the potential for relying upon illegal information like religion when making a hiring decision. Even seemingly innocuous information - a quote from a specific religious text, for example - could lead employers to consider off-limit topics like religion and open themselves to liability.

Disclosures about sexuality had no impact on early interest from employers, the study found.

Read more

Commission Gives U.S. 13 Ways to Save Safe Harbor

The European Commission has released its report on EU-U.S. data flows, including a critique of the widely-criticized Safe Harbor framework, which makes 13 recommendations to improve the data-transfer mechanism. The commission says U.S. authorities have until summer of 2014 to implement the recommendations, at which point it will revisit the review. The recommendations call for self-certified companies to disclose their privacy policies and any privacy conditions based on relationships with third-party vendors; improved facilitation to redress methods, including links on certified companies' privacy policies to alternative dispute resolution (ADR) providers; notification to EU authorities when complaints are filed with the U.S. Federal Trade Commission (FTC), and for the national security exception-which allows law enforcement access to data-to be used "only to an extent that is strictly necessary or proportionate." There is also a call for self-certified companies to include, within their privacy policies, information on "the extent to which U.S. law allows public authorities to collect and process data transferred under the Safe Harbor." Dutch MEP Sophie in' t Veld, vice president of Parliament's Civil Liberties and Home Affairs Committee, said she's glad the commission is taking steps, but, "We've been calling for an evaluation or even suspension action for many years, so this report is overdue." She said the report is a signal that things are starting to shift.

Read more

How Can Youth Service Providers Keep Sex Offenders Out?

Most all youth-serving organizations rely upon criminal background checks (CBC) to filter out applicants with sex offenses. According to Michael Johnson, youth protection director of the Boy Scouts of America, a complete reliance on CBCs, however, could be a major error. "Bottom line? You should do them," he said, "but the expectation -- and that is, the be-all, end-all -- is a big, humongous mistake." Johnson said criminal background checks themselves may be one of the reasons why some child predators end up in youth-service positions. Perhaps the largest downside to relying on CBCs, Johnson said, is that it only filters out sex offenders who have been arrested and convicted. "The vast majority of offenders who are actively sexually abusing haven't been arrested and haven't been convicted, so criminal background checks are very limited in what that information can provide you." Various forms of background checks are available, and online sex offender registries are improving. However, there are still many challenges facing youth-serving organizations; among them, he said, were state-by-state variance in sex offender classifications. Resources provided by organizations like the National Center for Missing and Exploited Children were likely the best places for youth service providers to turn to for information on background checks and standards pertaining to sex offenders. Other common protective measures include leadership selection, interviews, reference checks and the monitoring of staffer and volunteer behavior.

Read more

 TENANT SCREENING NEWS

Dodie Murphy, Founder of Background Check Solutions, the original tenant screening company in the U.S. Awarded Woman of the Year by The National Association of Professional Women

The National Association of Professional Women (NAPW) honors Dodie Murphy as a 2013/2014 Professional Woman of the Year for leadership in tenant screening industry with this prestigious distinction. As the largest, most-recognized organization of women in the country, spanning virtually every industry and profession, NAPW is a powerfully vibrant networking community with nearly 500,000 members and over 400 Local Chapters.

"Dodie started Background Check Solutions in September of 1982. It was even before computers had come out. We had to call the local credit bureau for a credit report," says Ms. Murphy, who admits things have changed quite a bit since she founded the company. For more than 30 years, Ms. Murphy has been providing comprehensive tenant screening services to landlords and real estate agents around the country.

Read more

 LEGAL ISSUES

Happy Birthday to the FACTA! The Often Forgotten Law that Imposes Obligations and Provides Helpful Exceptions for Employer Background Checks and Workplace Investigations

Employers who use a third party to conduct a background check on an applicant or employee for employment purposes must comply with the FCRA. But what many employers may have forgotten, is that the Fair and Accurate Credit Transactions Act (FACTA) also imposes upon them some obligations when conducting a background investigation. The FACTA is a 10-year-old law enacted by Congress to combat identity theft. The FACTA amended the FCRA by fixing a problem that required employers who retain a third party to investigate workplace misconduct to comply with the FCRA's four-step process: the disclosure, authorization, pre-adverse notice and adverse notice procedures. Employers who engage a third party to investigate workplace misconduct no longer have to provide advance notice to the employees under investigation, obtain their prior consent, or disclose the contents of the investigator's report prior to taking adverse action based on the report. However, employers still have some obligations to employees when they have an outside person or agency do an investigation under the FACTA. They must provide some summary information, but they do not have to provide even this information unless and until they take an adverse action. Remember, the FACTA is the exception, not the rule. Given the increase in FCRA class lawsuits, employers that use background checks for employment purposes must ensure they are taking proper steps to ensure compliance with the applicable provisions of the FCRA.

Read more

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 D. Henry who began his law career with the Army JAGC where he tried over 2,000 cases. After the Army he relocated to Tulsa. In 1981, the founder of DAC Services contacted Mr. Henry's firm for assistance in creating a background screening company. Since Mr. Henry's practice was employment law, the firm believed this fell within his area and as they say: "the rest is history". His practice has kept him in continual contact with the background screening industry, and he is a nationally recognized expert in the area of background screening.

Mr. Henry's practice is concentrated on employment law and in specific, background screening of employees. He represents consumer reporting agencies throughout the United States and two national trade associations. He is the author of the Criminal Records Manual and the on line reference site:CRAHelpDesk.com, and he is a frequent presenter across the country on various topics dealing with background screening.

Please choose your answer by clicking on it:





Question:
You run a background check on an individual for a potential employer
and find the following information regarding a single arrest: Charge 1: felony robbery (charged in 2003 dismissed in 2004); Charge 2: felony burglary (charged in 2003, convicted in 2004, final disposition and given probation of two years); Charge 3: misdemeanor possession of marijuana (charged in 2003, dismissed in 2004). Under the FCRA what can you report?

A. All three, because one of the three charges resulted in a conviction

B. Charge 2: felony burglary - conviction

C. None of them because the conviction was more than seven years ago

D. Felony burglary - conviction

 

Lawsuit Raises FCRA Fears

A class-action lawsuit against Disney serves as a stark reminder that employers better follow the letter of the Fair Credit Reporting Act when it comes to notifying job candidates or employees about adverse actions against them due to something that showed up in a background-screening report.

With an increasing number of employers facing lawsuits under the Fair Credit Reporting Act based on actions taken -- or not taken -- during their recruiting and hiring procedures, experts and employment attorneys are cautioning them to know the letter of this law before deciding on any job candidate.

More importantly, if they're going to decide not to hire someone because of what turned up in a background check, they'd better cross their t's and dot their i's when it comes to notifying the applicant about the decision that's about to be made.

The latest to be pulled into the fray, Disney, is accused of knowingly violating the FCRA by failing to provide job applicants and employees with adverse-action notices and copies of background reports prior to negative decisions being made.

In the class-action lawsuit, Culberson v. The Walt Disney Company, Robert L. Culberson claims Disney illegally barred him from employment by failing to provide him with the notice -- required by the FCRA when an adverse-employment decision is based on any portion of a background check.

Read more

State "Ban the Box" Legislation Gains Momentum

The "ban the box" movement continues to sweep through state legislatures. Recent legislation in two states applies "ban the box" prohibitions to private employers in the state.

On December 1, a new North Carolina law went into effect that prohibits employers from inquiring about arrests, charges or convictions that have been expunged. This prohibition applies to requests for information on applications and during interviews with applicants. In addition, applicants are not required to disclose expunged arrests, charges or convictions. .

On January 1, 2014, a new Minnesota law goes into effect that prohibits employers from inquiring into, requiring disclosure of or considering the criminal record or history of an applicant until the applicant has been selected for an interview or, if there is no interview, until after a conditional offer of employment has been made.

Read more

Federal Motor Carrier Safety Administration (FMCSA) To Change Violation Challenge Process In PSP, CSA

The way Federal Motor Carrier Safety Administration (FMCSA) reports driver violations to the mega database that feeds data to the Pre-Employment Screening Program and Comprehensive, Safety, Accountability enforcement program is changing. The FMCSA published a notice on Dec. 2nd that outlines the way violations will be reported to the Motor Carrier Management Information System (MCMIS).

That database supplies the roadside inspection and violation data to the PSP and the CSA program. The PSP program provides listings of all driver roadside inspection violations and crash reports to prospective employers. CSA scores and weights violations to determine motor carrier and driver compliance in various categories. The motor carrier rankings are public, but the driver ratings are used internally at FMCSA for enforcement only.

With the announced changes, challenged violations that have a corresponding citation that is either dismissed or given a "not guilty" verdict will have the challenged violation removed. Citations that are dismissed by a court but have fines or court fees assessed will be reported as convictions to the system.

Read more

 LEGAL ISSUES - continued

Legislation Introduced to Prohibit Employers From Requiring Credit Report Disclosure

U.S. Senator Elizabeth Warren (D-Mass.) introduced the Equal Employment for All Act with several other Senators. The legislation would prohibit employers from requiring potential employees to disclose their credit history as part of the job application process. It was previously thought that credit history may provide insight into an individual's character, but research has shown that an individual's credit rating has little to no correlation with his or her ability to be successful in the workplace. "A bad credit rating is far more often the result of unexpected medical costs, unemployment, economic downturns, or other bad breaks than it is a reflection on an individual's character or abilities," Senator Warren said. "Families have not fully recovered from the 2008 financial crisis, and too many Americans are still searching for jobs. This is about basic fairness -- let people compete on the merits, not on whether they already have enough money to pay all their bills."

A study from the Federal Trade Commission earlier this year suggested that errors in credit reports are common and, in many cases, have been difficult to correct. "It makes no sense to make it harder for people to get jobs because of a system of credit reporting that has no correlation with job performance and that can be riddled with inaccuracies," Warren said.

Senator Warren's bill is based on H.R. 645, which was introduced by Congressman Steve Cohen (TN-9) in 2011.

Read more

Text of the Legislation is Available Here Fact Sheet is Available Here

 DRUG & ALCOHOL SCREENING

Drugs in Workplace Understated Crisis

When former drug czar and retired U.S. Army Gen. Barry R. McCaffrey promoted drug-free-workplace programs, employers often said they supported giving job applicants drug tests because this practice slashed recruiting, training, health care utilization and turnover costs, since chronic alcoholics and drug addicts simply did not apply. When McCaffrey told management to stay out of the room and asked employees what they thought, all he heard about was worker safety. The issue of drugs in the workplace is an understated crisis that results in $200 billion in lost productivity annually, in large part because an estimated 20 million Americans need treatment but don't get it, said McCaffrey, who was the director of the White House Office of National Drug Control Policy from 1996 to 2001. Substance abuse has big implications for employer productivity, workplace safety and stability, the economy, crime and turnover. Emphasizing that help is available, McCaffrey said HR professionals should play a key role in promoting a drug-free workplace. When it comes to drugs in the workplace, McCaffrey recommends that employers: Do pre-employment drug screening, but don't stop there-consider follow-up tests; Have a well-developed employee assistance program (EAP); Don't ignore the problem; and Don't fire the person. It may seem the easiest thing to do, but "you're losing a productive human being who actually has a disease model that we can deal with.

Read more



Drug Use Among U.S. Workers Declines 74% Over Past 25 Years, Amphetamine and Opiate Use Grows

Quest Diagnostics' 25th Anniversary Drug Testing Index reports a deep drop in drug use among American workers in the quarter century the Index has been published. Based on over 125 urinalysis drug tests, the laboratory network and provider of diagnostic information said use had plummeted 75% since its data assessment initiative began shortly after passage of the 1988 federal Drug Free Workplace Act through 2012. Among the more significant findings announced by Quest: The positivity rate for the combined U.S. Workforce dropped from 13.6% in 1988 to 3.5% in 2012 (74%); The positivity rate for the Federally Mandated Safety-Sensitive Workforce declined by 38% from 2.6% in 1992 to 1.6% in 2012; The positivity rate for the U.S. General Workforce declined by 60%, from 10.3% in 1992 to 4.1% in 2012. Despite the overall decline, the positivity rate for certain drugs such as amphetamines and prescription opiates rose during this period. A 2012 report by Quest Diagnostics found that the majority of Americans misused their prescription medications, including opioids and amphetamine medications. The data suggests, in our opinion, that workplace drug testing, with its threat of disclosure and risk of disciplinary action and termination, has helped reduce markedly the positivity rates for illegal drugs over the last 25 years, but that employers' testing programs must be reviewed periodically and revised to address the abuse of new and different drugs and controlled substances, and changes in laws and regulations.

Read more



Hair Testing for DOT Drivers Proposed in Congress

Millions of truck drivers subject to the Department of Transportation's Federal Motor Carrier Safety Administration drug and alcohol testing regulations may be subject to hair testing for alleged drugs in addition to the urine testing currently authorized under the FMCSA rules, if recently proposed federal legislation is enacted. Relying on the results obtained by Arkansas-based J.B. Hunt Transport Services, Inc., which has been using hair testing in its drug screening procedures for over seven years, Rep. Rick Crawford (R.-AR.) and Senator Mark Pryor (D.-AR.) and others, introduced bills in both houses, entitled the 'Drug Free Commercial Driver Act of 2013" (S. 1625; H.R. 3403) to allow motor carriers to conduct hair testing for drugs, as an alternative to urine testing, for certain DOT-required drug tests. J.B. Hunt reported that by using hair testing for pre-employment drug tests the company had rejected more than 3,200 prospective drivers between May 2006 and February 2013. Meanwhile, only 90 applicants failed urine tests required by federal regulations, the company said. J.B. Hunt reportedly regards hair testing as superior to urine testing for pre-employment purposes. The bills would permit, but not require, truckers to use hair tests for pre-employment and random drug testing of drivers, instead of urine tests. "This is all about trying to create a safe environment in the industry since it helps identify "chronic drug users instead of relying on a two or three day snapshot." Rep. Crawford explained.

Read more

Public Record Update

Sponsored by:

Public Record Update
By Mike Sankey, PRRN

  MEDIA RESOURCES FOR INVESTIGATORS

The following text appears in the Third Edition of The Manual to Online Public Records (2013, Facts on Demand Press), by Michael Sankey and Cynthia Hetherington.

The media is an often overlooked resource for finding clues to public records and public record trails. Researching 24-hour news outlets, press releases, company announcements, trade journals and magazines is a great way to find many leads. Below are some research sources and tips that should prove helpful.

News Journalism
Links to thousands of newspapers, radio and TV stations, magazines, and foreign outlets are found at two excellent web pages: www.editorandpublisher.com and www.newslink.org .
A web page specializing in magazine stories is www.highbeam.com .
Without a doubt the leading trade association for journalists is the Investigative Reporters & Editors, Inc. This organization promotes high standards while providing educational services to reporters, editors and others interested in investigative journalism. Visit the IRE web page at www.ire.org .
CNN provides a web page to obtain transcripts of broadcasts. Visit http://transcripts.cnn.com/TRANSCRIPTS/ .

Back Issues in Print
The United States Book Exchange is a non-profit organization which supplies back issues of scholarly periodicals, trade journals, popular magazines and other serials to libraries worldwide. Visit them at www.usbe.com .
Another good resource for finding locations and stores selling back issues of a magazine is presented at www.trussel.com/books/magdeal.htm .

Other Recommended Free Web Resources
Websites that offer free access to news stories usually allow searching by either topic or by location. Here are four sites excellent for investigations.
These sites are organized by topic.

  • NewspaperArchive.com . Use their seven-day free trial to see if this works for you.
  • Google News ( news.google.com ). Offers current news (within 30 days) and is an excellent source for local news with approximately 4,500 news sources worldwide.

These sites are organized by location.

For more information contact Michael Sankey at mike@brbpublications.com or visit www.brbpublications.com/updates.aspx

 ANNOUNCEMENTS

Congratulations To Platinum Members Named as Top Providers in Pre-Employment Screening Services Based On Customer Satisfaction Surveys In The HRO Today's 2013 Baker's Dozen

· Aurico
· Accurate Background
· Employment Background Investigations, Inc. (EBI)
· First Advantage
· Global HR Research
· Orange Tree Employment Screening
· Universal Background Screening

Text Box:  NationalBackgroundData.com is now CoreLogic.com/NBD

This is just a reminder that you can now find information about National Background Data by CoreLogic® at CoreLogic.com/NBD.

Information is at the core of every smart decision. And CoreLogic delivers the quality data and insight you need to drive strategy, solutions, revenue and ultimately success.

To access NBD on the web go to www.CoreLogic.com/nbd.

Background Screening Firm PreCheck Gets Certified Green

PreCheck, a background screening firm focused on serving the healthcare industry's employment screening and credentialing needs, announced it has recently earned Gold level green business certification by the Green Business Bureau (GBB). During its twentieth anniversary serving the healthcare industry, PreCheck decided to join the Green Business Bureau in an effort to minimize the company's environmental impacts. The Green Business Bureau is a national membership organization that uses an online assessment to certify green businesses.

Bryan Barajas, Marketing Director, states, "As a company, patient care and healthcare are central to who we are. While we make a difference each day by safeguarding healthcare facilities for patients and their families, we are also committed to protecting our environment." By joining the Green Business Bureau, PreCheck is contributing to the education and promotion of green businesses while spreading environmental consciousness among their customers.

Read more

InfoMart Host Campaign Fundraiser to Benefit Attorney General Sam Olens

December 17, InfoMart hosted the Georgia background screening community for a campaign fundraiser to benefit
Attorney General Sam Olens. Recently Olens joined eight other state attorneys general in sending a statement to
the Equal Employment Opportunity Commission (EEOC) regarding lawsuits filed by the commission that deal with
employers' use of criminal background checks. The luncheon, co-sponsored by InfoMart and International Screening Solutions, gave Attorney General Olens the opportunity to address the concerns of the background screening
industry in Georgia, and answer questions about the EEOC's April 2012 guidance on use of criminal background
checks for employment purposes. Olens showed his support for employers' use of a proper screening process,
noting that "background checks are intended to protect employees and consumers - plain and simple."

Tammy Cohen, InfoMart's President and Chair said, "Attorney General Olens is a long-time supporter of compliant
background screening companies. InfoMart was proud to host this event, and to gather other industry experts for
an open conversation about the state of our industry here in Georgia." In addition to representatives from InfoMart
and International Screening Solutions, attendees included key leadership from Georgia screening companies such
as Vericon, Lighthouse Information Services, and SJV & Associates.

For more information about InfoMart and its innovative employee programs, please visit www.infomart-usa.com

 EMPLOYMENT OUTLOOK

Hiring Intentions at Record Levels as Candidates become More Selective

America's professional workforce is set to expand in the New Year with 55 percent of hiring managers and recruiters planning to hire more professionals in the first half of 2014, than they did in the second half of 2013. That's up nine percentage points from the same period a year ago and the highest level on record since the question was introduced mid-2010 into the national hiring survey conducted by Dice Holdings, Inc., a leading provider of specialized websites for professional communities.

By comparison, six months ago 52 percent of hiring managers and recruiters predicted an increase in their staff in the second half of 2013, compared to the first half of the year.

Read more

ManpowerGroup Survey: U.S. Q1 2014 Hiring Trends Stable

U.S. employers expect to increase hiring in the first quarter of 2014, according to the first-quarter 2014 Manpower employment outlook survey released today by ManpowerGroup Inc. (NYSE: MAN).

Among U.S. employers surveyed, 17 percent expect to add to their workforces and 7 percent expect a decline in payrolls during the first quarter of 2014. Seventy-three percent of employers anticipate making no change to staff levels and the remaining 3 percent are undecided about first-quarter hiring plans. This results in a net employment outlook of 13 percent on a seasonally adjusted basis, the strongest first-quarter outlook since the first quarter of 2008, when the employment outlook was 16 percent. This quarter's 13 percent outlook is the same as the fourth quarter of 2013 and up one percentage point from last year's first quarter.

U.S. employers have now conveyed a positive outlook for 17 consecutive quarters.

"Employers remain optimistic and continue to gradually improve their hiring projections despite the uneven economic recovery and other global and domestic influences," said Jonas Prising, ManpowerGroup president.

Read more

 TECHNOLOGY

App, App and Away for Background Screening

South Africa's first mobile app for background screening has been released by Managed Integrity Evaluation (MIE), Africa's leading background screening company. The app - dubbed MIE Touch - is available on Android and Apple smartphones and tablets. A Windows 8 version is in the pipeline and will be available soon.

The free app was designed and developed for employers, HR managers and recruiters who are constantly "on the go" and require real-time updates regarding background screening requests. The app saves them the hassle and inconvenience of having to carry a laptop, go online and download e-mails or login and navigate the Web site.

MIE's CEO, Ina van der Merwe, says MIE Touch gives users the edge in a highly competitive industry. "The app is like background screening on fast forward! Quick answers enable quick decision-making, which has a wide range of benefits for everyone involved in the recruitment cycle, including better flexibility, improved service levels, increased capacity and reduced risk."

Read more

 STOP STRUGGLING WITH WRITING AND PUBLISHING YOUR NEWSLETTER:

We can help you have a high quality e-newsletter to help nurture your relationship with your clients and attract new clients. Our customized newsletter service will take over your newsletter task or create a new one for you. We can manage the creation of your newsletter for you.

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.

Contact Barry Nixon at 949-770-5264 or at wbnixon@aol.com for more information.

 

 What Can We Do For You in 2014 To Help You Exceed Your Revenue Goals?

Targeted Marketing Support Services for the Background Screening Industry

PreemploymentDirectory.com

Online background screening directory featuring background screening firms and suppliers to the background screening industry. Basic, Gold, Platinum and Diamond levels of advertising are available. Target audience is the Human Resources, Talent Acquisition and Recruiting community.

New Opportunities:

Annual Background Screening Industry Buyers Guide

An annual print and electronic publication featuring U.S. and international background screening firms, and timely informative articles. The Guide is launched annually in June at the SHRM Annual Conference and distributed to 20,000 plus human resources professionals.

Annual Suppliers to the Background Screening Industry Buyers Guide

An annual print and electronic publication featuring suppliers to the background screening industry. The Suppliers guide is distributed to our database of more than 1,600 background screening firms and at relevant professional trade shows.

The Background Buzz

A monthly e-newsletter distributed to the worldwide background screening industry that offers comprehensive coverage of information and news relevant to the screening industry. The e-newsletter is distributed to more than 1,600 firms in the background screening industry and accordingly, is an exceptional advertising venue to reach background screening firms.

The Special International Edition of The Background Buzz

A supplement to the regular edition of The Background Buzz that is published on a bi- monthly basis featuring global information and news on background screening around the world.

eDirect Mail Campaigns

On demand e-blast service sent to our database of more than 1,600 firms in the background screening industry. Each e-blast includes your advertisement and one relevant article.

Media Releases and Announcements

On demand releases and announcements to targeted media outlets in the background screening and recruiting industry.

Private Label Newsletter Service

Custom designed e-newsletter service. We create a custom designed e-newsletter including recommending the name, designing the header, template and providing the content. Distribution frequency options include monthly, bi-monthly and quarterly.

See the Marketing Portfolio that matches your market segment :

1. U.S. Background Screening Industry Marketing Portfolio

2. International Background Screening Industry Marketing Portfolio

3. Suppliers to the Background Screening Industry Marketing Portfolio

 

 INSIDE WASHINGTON

Kevin Coy is a Partner in the Washington DC office of Arnall Golden Gregory LLP. Kevin
advises background screening companies and other clients on a wide range of privacy and consumer regulatory issues, including Fair Credit Reporting Act, Gramm Leach Bliley Act,
Drivers' Privacy Protection Act, and Dodd Frank Act compliance issues, as well as data breach matters. Kevin also represents clients with matters before the Federal Trade Commission, the Consumer Financial Protection Bureau, and other consumer protection agencies.

Kevin can be contacted at Kevin.Coy@agg.com or 202-677-4034.

THE WASHINGTON REPORT

December 2013

As Christmas approached, and with the end of 2013 in sight, "data brokers"-which the FTC defines broadly to include consumer reporting agencies-once again found themselves in the spotlight of a congressional hearing and ongoing FTC scrutiny.

In conjunction with the hearing, the Majority Staff of the Committee released a Staff Report: "A Review of the Data Broker Industry: Collection, Use, and Sale of Consumer Data for Marketing Purposes." The report, while adopting the FTC's broad definition of data brokers as its starting point, limited its focus primarily to the use of data broker information for marketing purposes. Much of the hearing focused on marketing issues as well, but the hearing was not limited to marketing issues.

Director Rich's testimony noted that "FCRA enforcement is a vital priority for the agency, particularly as companies that are not traditional credit reporting agencies venture into territory covered by the FCRA." She also noted that the FTC has brought "almost 100 cases and obtained in excess of $30 million in civil penalties" for alleged FCRA violations. Among the cases and actions that she emphasized were the FTC's enforcement action against Spokeo in 2012 for allegedly selling reports for employment purposes without complying with FCRA and this year's action against Filiquarian Publishing LLC for allegedly selling reports for employment purposes through its mobile application without FCRA protections. As part of her discussion of the FTC's education efforts, Ms. Rich noted warning letters that the FTC has issued over the past two years to data brokers that the FTC believed may be selling reports for employment or tenant screening purposes without complying with the FCRA.

The Commission expects to issue its own long-awaited report on data brokers early in the new year.

Read the full report

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 IMMIGRATION & E-VERIFY

USCIS Introduces Social Security Number Locking Feature in E-Verify

USCIS has announced that the E-Verify System will now be able to incorporate a security feature where a social security number that appears to have been misused will now be "locked" in the system, similar to what credit card companies currently do for clients. The locking mechanism is triggered by a combination of complex algorithms, detection reports and other identification patterns built into the system. "The new enhancements will not catch 100% of all instances of identity theft," said Josie Gonzalez, Partner at Stone Grzegorek and Gonzalez, LLP. "No system is perfect. However, the new enhancements will go a long way to combat identity theft while offering protections for the victims of identity theft." For workers who have triggered the lock on the social security number used, they will receive a tentative non-confirmation (TNC), which will require them to take affirmative action to resolve the matter by visiting a social security office and prove their identity before being allowed to work. On paper, the security enhancement is certainly a positive step forward to thwarting fraudulent use of documents and preventing identity theft. Assuming this enhancement in the system works according to plan, then would-be identity thieves will be ineligible to work.

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USCIS to Make Changes to E-Verify Memoranda of Understanding

USCIS has released new and revised Memoranda (MOUs) for its E-Verify electronic employment eligibility verification system. USCIS has retitled and revised its three current MOUs for its general E-Verify browser users and has also added three new MOUs for (1) employers using Web Services; (2) employers that use third parties (independent software developers) to input information into E-Verify using Web Services; and (3) third parties using Web Services on an employer's behalf. The E-Verify enrollment process has not changed. New users to the system will need to review and sign either a new or updated version of the MOU that applies to their access method. Existing users will not need to sign a new MOU but will be bound by the E-Verify changes, including the new or updated MOU, effective January 8, 2014. In addition, the new and revised MOUs also include several updated provisions, such as enhanced privacy protections and instructions for reporting privacy and security breaches. Lastly, USCIS strongly recommends that existing users of the E-Verify system review and familiarize themselves with the updated MOU applicable to their access method. Existing users can log into E-Verify and visit the "View Essential Resources" section for the text of the revised MOUs.

Read more

E-Verify to Lock Theft-ridden SSNs: We Should All Worry

E-Verify is being programmed to "lock out" social security numbers (SSNs) that have been repeatedly used by imposters, generating "tentative nonconfirmations" (TNCs) for authorized workers assigned to those SSNs and requiring them to resolve the TNC with potentially understaffed Social Security offices.

USCIS has announced that it will lock SSNs that appear to have been misused based on "a combination of algorithms, detection reports and analysis." Presumably, USCIS will identify a SSN as "misused" by finding patterns of use of the SSN by different workers for whom E-Verify queries have been made by employers. This identification probably is trickier than it seems, because a worker to whom a SSN belongs might maintain more than one job at a time with employers whose E-Verify querying offices are in dispersed locations, and the worker might change one or more of those jobs frequently. USCIS might at least initially limit the lockdown to SSNs with blatantly impossible frequency and geographic breadth of use in E-Verify.

But it appears that the lockdown is a crude tool that will affect the proper owner of the SSN as well as the imposters who have stolen it. The lockdown apparently will cause anyone-- even the worker to whom the SSN properly is assigned-- to be given a "tentative nonconfirmation" that must be resolved at an office of the Social Security Administration (SSA).

While the goal of deterring SSN fraud is laudable, this approach gives rise to serious questions, and USCIS' sudden announcement fails to provide the information necessary for an effective implementation.

Read more

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Grab a latte and pull of a chair and join us for a great interview with Kiran Ali, ESQ.,Head of Global Strategy, Corporate Research and Investigations LLC (CRI Group)

Prior to joining the CRI Group Kiran was a litigation attorney in New York City.

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She explained that Corporate Research and Investigations LLC actually began in 1990 as a local private investigation company and Kiran indicated that the CRI Group was established in 2001 when the company began being approached by many organizations to examine occupational fraud and embezzlement within companies. At that time, most companies did not have active employee risk mitigation measures in place to stop fraud or to prevent internal business related crime. Post September 11, organizations began institutionalizing a system of risk assessment to determine risk metrics when bringing on new staff. In this climate, CRI Group went the extra mile to create a comprehensive employee background screening service department which in the years since has become a leading and preferred partner for some of the biggest international companies in the world.

She noted that when you work in the background industry you are directly affecting the way a company handles its business model. The assistance you provide is ensuring that a company can proceed with its business plans without the worry of exposure to the type of risk a dishonest employee or unethical affiliation would create.

Kiran emphasized that the CRI Group has always strives to be a resource to its clientele in the background industry. CRI Group's services span from pre-employment background searches to corporate due diligence. She emphasized that their goal is to partner with their clientele to assist them in guarding themselves against the risks and perils of doing business in a globalized modern world. She reflected and noted that the risk faced by companies today are much more diverse than those faced in yesteryear. In addition, the ethical and financial risk that plague corporations and businesses are more profound in a world where everyone is connected.

She stated with excitement that due to their continuous focus on the needs of their clientele and the demands of an ever expanding world economy the company is planning to incorporate fully operational offices in India and Mainland China. These offices will provide the company's clients with access to local billing and reports in the local language of their target companies and individuals.

In addition, Kiran pointed out that the company has worked hard over the years to ensure they can give their clientele 'piece of mind' in knowing who exactly is carrying out their investigations. The CRI Group is unique among international background screening firms because they do not outsource any of their work. All over the world, we employ our own local agents to carry out work on behalf of our clients.

In responding to my favorite question about looking into a crystal ball to project what will be happening in the background screening industry in ten years Kiran believes "The background industry is likely going to continue to boom." While open source information is easily accessible in the western world, in the emerging markets it is hard to access the type of information required to feel secure in proceeding with your business initiatives. In a world where international work and immigration is becoming the norm, services like CRI Groups will be a cornerstone of the business plans of most responsible companies.

Kiran indicated that part of their business model is ensuring they are meeting face to face with their clients all over the world to ensure the company is meeting client's needs and also to focus on developing personal relationships and trust required when you are conducting background investigation work for a client. She referenced many long plane rides and noted that her Kindle is forever by her side. She is currently reading "The Telling Room" by Michael Parterniti. It's about a rare Spanish cheese that carries a legend of secrecy from a Castilian village called Guzman.

In a very timely response regarding the person should would really like to meet she responded she would really like to meet is Nelson Mandela who changed the face of South Africa by rocking the status quo. She noted that she finds people that are willing to be revolutionaries for the causes of their people to be inspiring.

Finally, in closing she shared with me her favorite quote, "Diligence is the mother of good fortune, and idleness, its opposite, never brought a man to the goal of any of his best wishes" ~ Miguel de Cervantes

To contact Kiran email her at Kali@crigroup.com.

INTERNATIONAL NEWS

 

CANADA

Criminal Record Checks Available Free to Not-for-profit Organizations, Starting November 30

Starting November 30, 2013, British Columbia's government will waive the $20 criminal record check fee for not-for-profit organizations that participate in a program that also offers free expert advice. Under BC law, employers in the volunteer and not-for-profit sector must obtain criminal record checks for job and volunteer candidates if they will work with children or vulnerable adults. The province's criminal record check program aims to alleviate the financial burden associated with the law. The current fee might seem like a small amount, but with mandatory checks for multiple job and volunteer candidates, it can quickly add up. For the program to continue to pay for itself, the fee for other organizations will increase to $28. In addition, the program will only waive the fee for provincial criminal record checks. Employers will continue to pay for local or RCMP checks. Recent amendments to the Criminal Records Review Act also create "portable criminal record checks." Completed criminal record checks will be stored for five years, during which time a volunteer or job candidate may permit an employer to access the document. In theory, this will reduce redundant checks and save employers in the not-for-profit sector money when they recruit volunteers and employees. Criminal record checks that indicate a risk cannot be portable.

Read more

Amendments to China's Consumer Protection Law Add Compliance Obligations when Handling Personal Information

On October 25, 2013, the Standing Committee of China's National People's Congress passed anamendment to the 1993 Law of Protection of Consumer Rights and Interests, which addresses longstanding issues related to e-commerce fraud and illegal disclosures of consumers' personal information. The Amendment, which takes effect on March 15, 2014.

The passage of the Amendment comes on the heels of a flurry of legislation aimed at strengthening the protection of personal information in China, including the Decision on Strengthening Protection of Online Information , the Provisions on the Protection of the Personal Information of Telecommunications , and the Internet Users and the Provisions on Registration of the True Identity Information of Phone Users . Collectively, the new legislation related to the protection of personal information has significantly advanced and clarified China's data protection regime.

The Amendment applies to any company that provides goods or services to consumers within China. Unlike some of the recent privacy-related regulations and guidelines issued by the Chinese government, the Consumer Protection Law, as amended by the Amendment, sets forth more specific requirements related to the processing of personal information and applies broadly to all companies providing goods or services to consumers in China. Thus, it is important for companies operating in China to review their practices related to the collection, use, and disclosure of personal information in China and take the necessary steps to achieve compliance with the Amendment's privacy-related provisions by March 15, 2014.

Read more

COLOMBIA

Employers' Obligations to Protect Workers' Information

In order to develop a fundamental constitutional right, the Habeas Data Law (1581/2012) was passed almost one year ago. The law develops and guarantees a person's right to know, update and correct the information held about him or her in a database. However, the interpretation of the regulation is still confusing for many sectors that are affected by its provisions and its implementation has been slowed down has a result. Although the Constitutional Court carried out a study into the draft law, the new law has had no other formal legal analysis, thus making it hard for employers to know whether it affects them. To ensure the guarantee of this constitutional right and to reinforce compliance with the rule, the new law includes an oversight and control mechanism. It has created the Data Protection Department within the Industry and Commerce Superintendence, which has the power to monitor employers' databases. It also has the power to punish an employer, which fails to comply with the law with a fine of up to 2,000 times the statutory monthly minimum wage (Ps1.179 billion or $612,785). Therefore, parties which are responsible for the treatment of employee data should be aware of the new law and should include in internal labour policies mechanisms allowing information to flow between employers and employees. They should also allow efficient access to and consultation of such data and implement security policies that prevent the improper use of information and respect employees' rights.

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EUROPE

Data Protection Rules Could Cost Firms £75,000 Each Year

New data protection legislation being discussed by Europe's Justice and Home Affairs Ministers has the potential to place an undue financial burden on small firms, says the Federation of Small Businesses (FSB) and the British Bankers' Association (BBA). Proposals under discussion would require small firms that hold details of 5,000 customers or more to employ a Data Protection Officer at an estimated cost of £64,000 per year, conduct a data protection impact assessment costing £11,200 per year and carry out a compliance review every two years. FSB research found that one in five (19%) of small firms already consider data protection to be the most burdensome regulation to comply with. The 1995 EU Data Protection Directive established a framework for data protection amongst EU Member States. However, since 1995, there have been numerous technological developments, notably the increased use of personal computers and handheld devices; the rapid expansion of the Internet; and the emergence of social media. The EU Commission believes that the law should be updated to reflect these changes and to provide more harmonisation across EU Member States. "These new rules have the potential to place real burdens on businesses across Europe," said Irene Graham, Managing Director of Business Finance, BBA. "We would urge EU politicians to reconsider their approach to ensure small businesses are not unduly affected."

Read more



EU Gives U.S. Safe Harbor Another Chance

The EU Commission has reviewed the working of the U.S. Safe Harbor programme on transfers of personal data from the European Economic Area to the U.S., and says that it will wait until summer 2014 to see whether it will suspend, modify or even revoke its Safe Harbor decision based on the progress that the U.S. has made by then. Data Protection Authorities in the EU as well as the Commission have had concerns over the scheme due to lack of enforcement, general formulation of the principles and the high reliance on self-certification. Since 2009, the U.S. Federal Trade Commission has brought 10 enforcement actions against companies based on Safe Harbor violations. Most worryingly, there have been false claims of Safe Harbor adherence. The Commission says that about 10% of companies claiming membership in the Safe Harbor are not listed by the U.S. Department of Commerce as current members of the scheme. The Department of Commerce says that it has now started to contact Safe Harbor participants one month prior to their certification renewal date to alert them. It has also made it mandatory for Safe Harbor participants to make their privacy policy readily available on their public website. Self-certified companies should publish privacy conditions of any contracts they conclude with subcontractors and any false claims should continue to be investigated.

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FINLAND

International Solutions: Four Laws that Regulate Drug Testing in Finland

Unlike many European nations, Finland has mandatory national laws relative to drug testing. That means there are actual rules and regulations that must be followed in this country as opposed to a set of "best practice guidelines" as in the case in others countries in Europe. There are four laws in Finland that together regulate drug testing: 1. Act on the Protection of Privacy in Working Life: As the name suggests, this law aims to protect individual privacy in the workplace. It includes many requirements from direct necessity to employee relationship before processing personal data, employee consent, informing individuals for a drug testing requirement and drug test certificates. 2. Occupational Health Care Act: This law requires employers to provide health care to employees. It also regulates a few items concerning narcotics testing. 3. Act of Cooperating within Undertakings: This law regulates how company policies are drafted and implemented. It applies to the creation of an action programme on substance abuse prevention (as required in the Occupational Health Care Act) and the work tasks outlined in the Act on the Protection of Privacy in the Working Life. 4. Narcotics Act: In addition to outlining measures to prevent the illegal drug trade, this law provides many definitions that are referred to by the laws above. It is important to follow the trail that leads from this Act to other legal documents in understanding certain terms.

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Text Box:  Don't Let Employment Investigations in APAC be the Weakest Link in Your Background Screening Services.

The best designed background screening program is only as good as its weakest link. With more than 11 countries represented in the APAC Chapter of NAPBS our trusted members can help you meet your employment screening needs in the APAC region. Click here to see the countries represented.

To tap into some of the best employment screening firms in APAC advertise in the APAC Background Screening Report. It’s your source to access the APAC region to find a trusted employment screening partner.

Click here to see the APAC Background Screening Report Media Kit to strengthen your employment screening services today.

THE NETHERLANDS

Dutch Data Protection Authority Gets Power to Fine

Dutch Data Protection Authority (CBP) Chairman Jacob Kohnstamm told the audience of the National Data Protection and Privacy Conference in Rotterdam that his office will get the power to fine organizations in both the public and the private-sector for violations of the Dutch Personal Data Protection Act (WBP). The fine could be as high as 780,000 Euros, or about U.S. $1 million, per violation. Earlier, Secretary of State Fred Teeven of the Ministry of Security and Justice had informed Parliament that he was about to send a bill to the cabinet giving the Dutch DPA the power to issue "steep fines." The bill, which was approved by the Dutch Cabinet December 6, is a change to another bill currently being discussed in the Second Chamber of the Dutch Parliament. The latter bill introduces a general data breach notification obligation in The Netherlands and gives the Dutch DPA the power to fine data controllers only for failure to notify the DPA about a breach. As a result of the recent change, the data breach bill is expected to be put on hold in order to allow the Council of State, the official advisory body to the cabinet and Parliament, to advise on the new fining powers. As the council's advice is not expected before March or April next year, both the obligation to notify data breaches and the fining power are likely to come into force only on January 1, 2015.

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SOUTH AFRICA

South Africa Adopts Comprehensive Privacy Law

South African President Jacob Zuma has signed into law the Protection of Personal Information Bill, which protects citizens' right to privacy. The law is heavily influenced by the EU draft DP Regulation and European DP tradition. "The Act will give effect to the right to privacy, by introducing measures to ensure that the personal information of an individual is safeguarded when it is processed by responsible parties," said presidential spokesman Mac Maharaj." The Act also seeks to balance the right to privacy against other rights, particularly the right of access to information, and to generally protect important interests, including the free flow of information within and across the borders of the republic. Containing eight principles responsible parties need to comply with, the Bill gives expression to the right to privacy provided for in the Constitution. The right to privacy includes the right to protection against unlawful collection, retention, dissemination and use of anyone's personal information. The Bill also establishes the Office of the Information Regulator as an independent, statutory body, accountable to the National Assembly. The Information Regulator, amongst other duties and functions, will take over from the Human Rights Commission powers and functions relating to the Promotion of Access to Information Act (PAIA). This Bill will bring South Africa in line with international data protection laws.

Read more

URUGUAY

Uruguay Legalizes Marijuana!

The Uruguayan Senate voted to approve a government-sponsored bill to legalize marijuana commerce. The Senate vote was the final vote needed for the bill to pass; all amendments to the bill were defeated, so it now goes to the desk of President Jose Mujica, who supports it. Once Mujica signs the bill into law, it will go into effect in 120 days. Uruguay now becomes the first signatory to the 1961 United Nations Single Convention on Narcotic Drugs to break with the UN on the issue of marijuana legalization. The Netherlands has turned a blind eye to small-scale retail sales for decades now, but such acts remain formally illegal so the Dutch can remain in formal compliance with the treaty. Under the bill, the Uruguayan government will regulate the importation, cultivation, harvesting, distribution, and sale of marijuana. Would-be pot smokers will have to register with the government in order to grow their own (up to six plants), grow it collectively in a club, or buy up to 40 grams a month at a pharmacy. Opposition didn't just come from conservative lawmakers. Some marijuana users aren't very keen on the idea of having to register with the state in order to legally obtain their drug of choice. But President Mujica and the Broad Front argued that the bill would weaken drug traffickers and help reduce the estimated $80 million a year the country spends fighting drugs and imprisoning traffickers.

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NEW ZEALAND

John Edwards Named New Privacy Commissioner

Wellington lawyer John Edwards is the new Privacy Commissioner. He replaces Marie Shroff who has completed two five-year terms in the role. Edwards is a barrister and solicitor who has been working in public law and policy for more than 20 years, and has been on the staff of the Office of the Ombudsmen, the Privacy Commissioner and the Ministry of Health. He provides general corporate services for a number of smaller Crown agencies, and gives advice and training across the public sector on information law issues. Edwards regularly undertakes investigations and reviews for departments, Crown entities and ministers. "Mr. Edwards' public and private sector experience gives him a highly informed perspective on data privacy and data matching issues," said Justice Minister Judith Collins. "I am confident Mr. Edwards will be highly credible in the role of the Commissioner and will be able to engage both the public and private sectors." The Privacy Commissioner's Office has a wide range of functions including investigating complaints about breaches of privacy, running education programmes, and examining proposed legislation and how it may affect individual privacy. Shroff said the task of being New Zealand's privacy watchdog had become increasingly demanding and she wished Edwards well. Edwards will take up the appointment in February.

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Draft Amendments Reform DPO Functions

The Ministry of Economy published - on 16 October 2013 - draft amendments to the Data Protection Act 1997 (the Act). The amendments offer a simplified registration procedure if an organisation appoints an Administrator of Information Security, which is similar to a Data Protection Officer (DPO). However, organisations choosing to appoint a DPO will be subject to a 'significant extension of obligations.' Under the current law, while appointing a DPO is optional, notifying the GIODO of all data filing systems containing personal data and registering all data filing systems containing sensitive personal data with the GIODO is mandatory. Under the proposed amendments, controllers who choose to appoint a DPO only have to keep an internal, publicly available, record of data filing systems containing personal data. They must still register any systems containing sensitive personal data. It seems that the draft may in practice introduce additional burdens for companies, which decide to appoint a DPO. The draft amendments also introduce several new obligations for data controllers concerning DPOs. Public consultations on the amendment are expected to begin on 12 November 2013.

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UNITED KINGDOM

ICO issues data protection warning to employers

The Information Commissioner's Office (ICO) has issued a warning to employers about the importance of making sure temporary staff - who regularly handle personal information - receive adequate data protection training. It states that the problem has been highlighted following four data breaches at the Great Ormond Street Hospital for Children NHS Foundation Trust.

The ICO's investigation found that three of the incidents related to the work of temporary staff who had not received adequate data protection training, despite their role routinely involving the handling of personal information. In addition, it reported that the trust had no measures to check whether letters were being addressed to the correct recipient before sending.

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  ADVERTISERS IN THIS EDITION


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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.

www.backgroundscreeningjobs.com

  UPCOMING CONFERENCES, COURSES & EVENTS

Feature Education:

FCRA Basic Certification Webinar Series Update

The FCRA Basic Certification program series is now available for purchase.

For more information


2013 Events (
Click Here to View full list of Events ) - Updated Monthly

SHRM State Conferences, visit http://www.shrm.org/Conferences/StateAffilliateConferences/Pages/default.aspx

Drug and Alcohol Testing Industry Association (DATIA), 2013 Training Course Schedule, visit
http://datia.org

SAPAA Training Institute Learning Events, http://www.sapaa.com/

CUPA-HR Conferences: http://www.cupahr.org/

World Federation of People Management Associations, Events, http://www.wfpma.com/events/by-region#quicktabs-tab-view__events__page_3-4

 

 


The Background Buzz is a service of http://www.preemploymentdirectory.com, the premier listing of Preemployment Background Screening companies on the Internet for employers to search for a firm to meet their preemployment background checking needs. The Background Buzz is published by the National Institute for the Prevention of Workplace Violence, Inc. All logos highlighted in ‘New Featured Clients' and 'Advertisers in this edition' are the sole property of the companies named and copyright protected by the respectively named company. Please direct questions, feedback or request to be added to or deleted from our distribution list to wbnixon@aol.com.

Disclaimer Statement: All information presented is for information purposes only and is not intended to provide professional or legal advise regarding actions to take in any situation. Advertisements are presented for information and marketing purposes only and the National Institute for Prevention of Workplace Violence, Inc. makes no representations for any products or services that are promoted and accepts no responsibility for any actions or consequences that occur as a result of any purchases from advertisers.