Background screening compliance issues.

New Compliance Issues
The latest compliance laws and regulations that affect your screening program.


Safe Harbor Compliance
EBI is aware of its global responsibility to maintain the privacy of personal information. EBI complies with the requirements of the Safe Harbor Program, which prohibits the transfer of personal data to non-European Union nations that do not meet the European standard for privacy protection. To view EBI’s Safe Harbor policy, click here.


Date: September 28, 2002

California Legislator's AB655
For those of you who conduct background screening in California, new legislation has been enacted regarding the requirements for disclosure and consent.

On January 1, 2002 the AB48655 became effective, amending both the California Consumer Reporting Agencies Act and Investigative Consumer Reporting Agencies Act ("ICRA"). This bill changed a number of provisions affecting the provision of Investigative Consumer Reports for employment purposes.

On September 28, 2002 the California Legislature's AB655 was amended, For those of you who conduct background screening in California, new legislation has been enacted regarding the requirements for disclosure and consent:

California Governor Gray Davis on September 28 signed two bills to ease the requirements imposed on employers as a result of California Act AB655. The laws are effective immediately.

According to the California State Assembly, AB1068 was introduced because businesses expressed concern about the ability to comply with AB655, which required employers to send copies of all information collected during a pre-employment background check.

Under AB1068, applicants will select a box on the disclosure and consent form indicating they would like a copy of the report. If the box is checked, employers will be required to send copies within three days of receiving it from the Investigative Consumer Reporting Agency.

If the applicant does not check the box, the employer is not required to send the report.

AB2868 expands the range of information that may be obtained with a background check as explicitly required by a governmental agency to include some of the items that were otherwise prohibited under AB655, such as criminal convictions and unpaid tax liens dating back more than seven years.

For the full text version of AB655, click here

For AB655 compliant authorization forms, click here