California Investigative Consumer Reporting Agencies Act (ICRAA) Amended

About 3 min

California Investigative Consumer Reporting Agencies Act (ICRAA) Amended

CaliforniaEffective January 1, 2012, there is an important amendment to the California Investigative Consumer Reporting Agencies Act (ICRAA) that affects employers, applicants, and employees located in the state of California.

Senate Bill 909 (SB 909) pertains to personally identifiable information (PII) and amends the ICRAA to specify that the End-User must include the following information as part of the applicant/employee investigative consumer report disclosure effective January 1, 2012: 

  • Under the ICRAA, any person who procures an investigative consumer report for employment purposes must provide certain disclosures to the individual, including the name, address, and phone number of the investigative consumer reporting agency; 
  • Effective January 1, 2012, these disclosures also must include a web address for the investigative consumer reporting agency, where the consumer may find information about the agency's privacy practices, including whether the consumer's personal information will be sent outside of the U.S. or its territories. 

The bill includes additional requirements that may apply to End-Users who utilize the services of investigative consumer reporting agencies physically located in California and/or investigative consumer reporting agencies that “off-shore” the preparation or processing of investigative consumer reports. However, it is our understanding that these additional provisions do NOT apply to international (Non-U.S.) investigations. More importantly, it is EBI’s policy to NOT “offshore” any personally identifiable information (PII) unless required for the purposes of the investigation. For complete details about how EBI processes and protect personally identifiable information please view our Privacy Policy. 

At EBI, we have modified our Sample Disclosure and Authorization Form to include the information required by Senate Bill 909.  If you would like to have a copy of this Sample Disclosure and Authorization Form, please contact our Customer Care team @ 800-324-7700 or

Employers subject to these new provisions should contact their legal counsel for guidance immediately and revise their policies accordingly.  All information contained herein is provided by Employment Background Investigations solely for the convenience of its clients. EBI is not providing legal advice or counsel and nothing provided on this document should be deemed as legal guidance or advice.  Readers should consult with their own legal counsel to determine their legal responsibilities or if they have questions on any information provided by EBI.

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