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3.23.2005

Data Brokers and Legislation

Having just read the back-and-forth discussion between Ryan Singel and Dennis Bailey about the ChoicePoint mess and how legislation should affect data brokers, I think a distinction needs to be made. There are data brokers that sell their databases to third-party employment screening companies, and data brokers who sell their information directly to the companies making the hiring decisions.

In my opinion, the broker that ought to be regulated is the one who provides the information directly to the hiring company. Information that is not obtained, evaluated and reported using strict reporting standards is information that unfairly costs people their jobs and reputations.

Following this, the broker that provides information to a third-party company should not be regulated because the third-party company will be held responsible for its use of the data. Although they contain inaccuracies and are almost never perfectly current, databases still are a valuable source of information. You might be surprised to hear me say this, but I will qualify that statement by saying that they are valuable because they provide leads to additional information that may exist on an individual. The third-party reporting the information needs to verify the information found in the database, but had the database, with all of its inaccuracies, not been available, then important information may never have been found at all.

As an example, an employer may only be aware that a job applicant has lived in a few select places. What the employer does not know is that the applicant committed a crime in a state or county in which he never lived. Due to prohibitive costs, traditional courthouse searches would only cover those counties in which he has lived and would not catch the out-of-state record. A database with a wide scope, however, would possible catch it. The employment screening company knows that the record and disposition of the case might not be accurate and up-to-date, so they send someone to the courthouse to verify the record. It would be found to be either reportable or non-reportable, depending on the most recent information in the courthouse, and the company would have all of the information necessary to make a good decision. The database search was valuable, but the information had to be verified first.

So, access to potentially inaccurate information that is then confirmed or disconfirmed is highly preferable to no information at all. The key is ensuring that the party reporting the final information to the employer complies with the Fair Credit Reporting Act and has strict policies in place to ensure that only verified, accurate information is reported. We want to live in a safe world, but not at the expense of freedom.

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