BACKGROUND
SCREENING NEWS |
United
States: Indiana Gets Tough On Employers Of Illegal Aliens
On May
10, 2011, Governor Daniels signed a new law imposing significant
consequences on Indiana employers who employ unauthorized workers.
Under the law which go into effect July 1, 2011, the State may
sue employers, who do not use E-Verify, to recover unemployment
insurance benefits paid to a worker employed on or after July
1, 2011, who the employer knew was not authorized to work in
the U.S. If the State prevails in this civil action, it also
may recover reasonable attorneys' fees and costs. This law also
includes adverse tax consequences for employers of illegal aliens,
if the employers are not using E-Verify.
Starting
July 1, 2011, State agencies and political subdivisions must
use E-Verify for all new hires. These entities will be prohibited
from entering into (or renewing) contracts with a contractor
unless the contractor (and any subcontractors) participates
in E-Verify and signs an affidavit certifying that it does not
knowingly employ unauthorized aliens. The same restrictions
will apply to businesses receiving State grants of $1,000 or
more. If a contractor violates the law, the State must give
the contractor 30 days to remedy the violation. Failure to remedy
the violation within 30 days or to challenge the violation within
20 days of receiving notice will result in termination of the
contract and possible damages (for example, if completion of
the project by a new contractor results in higher costs). Contractors
who use E-verify will have a rebuttable presumption that they
did not knowingly employ an unauthorized alien.
To read
more click
here
Four
Tips For Using Facebook Legally To Conduct Background Checks
As more
people create Facebook profiles (500 million and growing), and
sign on to the many social media sites available today, hiring
managers are finding they have new opportunities to get background
information on job candidates. Tapping into a potential hire's
Facebook profile, or Twitter account, for information means
you can learn more about a candidate's personality than you
might get with just a job interview. A Facebook profile, or
collection of tweets, can offer additional insight into whether
or not a person might be a good fit with a corporation's culture.
On the flip side, a thorough check of one's social media footprint
might also uncover some serious missteps, or questionable judgments
, a potential hire has made in their past.
Four tips
to use to keep you out or legal hotwater:
Tip #1:
If you're going to use Facebook to vet job applicants, make
it clear, up front, in the hiring process
Tip #2: But remember, once you've viewed it, it can put you
in a legal conundrum
Tip #3:
Consider a third party to do the research for you
Tip #4: Understand what you find may not be reliable or accurate
To read more click here
FBI Uses
Database To Connect The Dots
The FBI
has built a database with more than 659 million records -- including
terrorist watch lists, intelligence cables and financial transactions
-- culled from more than 50 FBI and other government agency
sources. The system is one of the most powerful data analysis
tools available to law enforcement and counterterrorism agents,
FBI officials said yesterday. The data warehouse is an effort
to "connect the dots" that the FBI was accused of missing in
the months before the 2001 attacks, bureau officials said. About
a quarter of the information comes from the FBI's records and
criminal case files. The rest -- including suspicious financial
activity reports, no-fly lists, and lost and stolen passport
data -- comes from the Treasury, State and Homeland Security
departments and the Federal Bureau of Prisons. Names, Social
Security numbers and driver's license details can be linked
and cross-matched across hundreds of millions of records.
To read
more click
here
Idaho Passes
"Diploma Mills" Legislation
Idaho lawmakers
have approved a bill which will make it easier for the Board of
Education to target bogus education providers operating in the
state. The step was taken following concerns that unauthorized
schools are moving into Idaho from other jurisdictions that have
recently tightened their controls. The bill will allow the Board
to issue cease-and-desist letters against those violating or continuing
to violate the legislation. Criminal penalties for those knowingly
or wilfully violating the rules could include a $10,000 fine and
up to 12 months imprisonment.
To read more click
here.
Another Social
Media Discovery Ruling Employers Need to Know About
The Pennsylvania state
court was asked to resolve whether a plaintiff's "privacy rights"
would trump a defendant's request to access the plaintiff's Facebook
and MySpace accounts to discover facts relating to the plaintiff's
claim for damages in the case of
Zimmerman v. Weis Markets, Inc .
At issue in this case was Rane Zimmerman was suing his former
employer, Weis Markets, after he injured his leg in a forklift
accident while working and information found on his Facebook account
was counter to statements he made in his deposition. Weis then
filed a motion to compel discovery of the private portions of
Zimmerman's Facebook and MySpace pages, arguing there may be other
relevant information as to Zimmerman's damages claims on the private
portions of those pages. The company sought the disclosure of
Zimmerman's passwords, user names and login names to Weis' counsel."
Zimmerman argued that his privacy interests outweighed the need
to obtain discoverable material. Weis Markets countered that discovery
rights trump privacy rights.
Court based ruling
on 3 important tenants
In a very well-reasoned
decision, the court agreed with Weis Markets, basing its decision
on three important tenets:
- A litigant
has no "privacy rights" in non-public sections of social websites.
- The "pursuit
of truth as to alleged claims is a paramount ideal."
- Courts
generally allow liberal discovery.
In all, a well-reasoned
decision, which helps employers the court ruled there's little
expectation of privacy with social media
To read more
click here
USCIS
and Mississippi Implement New E-Verify Tool to Combat Fraud
U.S. Citizenship
and Immigration Services (USCIS) today launched Records and
Information from DMVs for
E-Verify (RIDE) , a new feature which allows USCIS's E-Verify
program to validate the authenticity of Mississippi driver's licenses
used by employees as Form I-9 identity documents. "RIDE reflects
our commitment to continually improving E-Verify," said USCIS
Director Alejandro Mayorkas. "This important enhancement strengthens
E-Verify's anti-fraud capabilities and will play a key role in
helping employers in the U.S. maintain a legal workforce."
More than
80 percent of employees present driver's licenses to establish
their identities when completing the Form I-9. By enabling E-Verify
to compare driver's license data against state records, RIDE will
improve E-Verify's accuracy and help combat document fraud when
determining employees' eligibility to work in the United States-while
observing safeguards to protect employee's personal data. RIDE
helps combat document fraud by enabling E-Verify to confirm the
authenticity of an additional identity document. For example,
previously, if an employee presented a driver's license to establish
his or her identity and a social security card to establish his
or her employment authorization, E-Verify would only have been
able to confirm the validity of the social security card. RIDE
enables E-Verify employers in Mississippi to confirm the validity
of both documents.
To read more
click
here
Publicly
Reporting Expunged Conviction Records Does Not Create Liability
For Defamation
Publicly
reporting expunged conviction records does not create liability
for defamation if the information disclosed is true, according to the New Jersey Supreme
Court . In the case, a political campaign publicized the
expunged drug conviction of an opponent's aide in a flyer.
The Court
ruled that defendants in this case were entitled to assert truth
as a defense to the defamation and other related tort actions,
even though the plaintiff.'s conviction was subject to an expungement
order. Second, the plaintiff failed to establish that the flyers
were not substantially accurate. Lastly, the plaintiff had no
reasonable expectation of privacy that information so long in
the public domain before the entry of the expungement order would
be erased from the public's mind or from papers already widely
disseminated.
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 Larry Henry, Rhodes, Hieronymus, Jones, Tucker&
Gable P.L.L.C.for providing the expertise for this valuable endeavor.
For information regarding the answers to the Legal Challenge Questions,
please contact Larry Henry at lhenry@rhodesokla.com
or (918)582-1173 or visit www.seyfarth.com.
Please choose
your answer by clicking on it:
Corporate
Screening Named Preferred Background Screening Provider by Ohio
Hospital Association Through its Subsidiary OHA Solutions
Corporate
Screening Services, Inc. is pleased to announce its selection
as the preferred background screening provider for theOhio
Hospital Association through its subsidiary OHA Solutions.
As a leader in the pre-employment screening and background
investigation industry, Corporate Screening serves as a trusted
partner for many of the nation's top employers and healthcare
organizations. This selection also carries an endorsement by OSHRRA,
the Ohio Society of Healthcare Human Resources Administrators,
a professional society of hospital personnel executives organized
under the auspices of OHA.
"We
are honored to receive this designation from these well-respected
OHA affiliates," states Greg Dubecky, president of Corporate
Screening. "For more than 20 years, we have created custom
solutions specifically for the healthcare market. We are eager
to serve Ohio's hospitals assisting them in implementing the strategic
solutions that will help to maintain the highest levels of safety
and security."
To read more
click here
Per Mar
Security Services Acquires Employer's Security of Elkhart, IN
Per Mar Security
Services is pleased to announce that effective May 27, 2011, we
have acquired Employer's Security of Elkhart, Indiana. The company,
which had been in business since 1956, was owned and operated
by Nathan Soward and Gayle Davis. Employer's Security offered
full electronic security and guard services including burglar
and fire alarm systems, access control, CCTV installations, security
officer, mobile patrol, and alarm response. Per Mar will continue
to offer these services and the operation will move into our existing
Mishawaka office, which will ensure that exceptional service continues
to be provided to Employer's Security's former customer base.
Per Mar is now the dominant provider of security services in the
South Bend, Mishawaka, and Elkhart corridor; an additional 150
employees and 500 alarm customers have become a part of the Per
Mar family, servicing a total of over 3,000 customers in this
area.
To read more
click here
ANNOUNCEMENTS
(continued) |
eScreen's
Dr. Murray Lappe and Robert Thompson Named Winners of Ernst
& Young Entrepreneur Of The Year® 2011 Central Midwest
Award
eScreen today
announced that Dr. Murray Lappe and Robert
Thompson
have received the Ernst & Young Entrepreneur Of The Year®
2011 Central Midwest Award in the Technology category.
According to Ernst & Young LLP, the award recognizes outstanding
entrepreneurs who demonstrate excellence and extraordinary success
in such areas as innovation, financial performance and personal
commitment to their businesses and communities. Dr. Lappe and
Mr. Thompson were selected by an independent panel of judges,
and the award was presented at a gala event at the Sheraton in
Overland Park, KS on June 7, 2011.
Dr. Murray
Lappe said, "It was a great honor to be recognized by Ernst &
Young. But it was through the combined efforts of all of my colleagues
that made this possible. I'm looking forward to helping other
entrepreneurs realize their dreams." eScreen President and CEO
Robert Thompson stated, "This award is the result of years of
hard work on thepart of the entire eScreen team, delivering value
to clients every day through technology and a commitment tocustomer
service in all we do."
To read more
click
here
The Conference
Board Employment Trends Index™ (ETI) Declines
The
Conference Board Employment Trends Index™
(ETI) declined for the second month in a row in May to
99.7, down
from April's revised figure of 100.1. The May figure is up 5.3
percent from a year ago. Says Gad Levanon, Associate Director,
Macroeconomic Research at The Conference Board:
"Declines as we've seen in the Employment Trends Index
in the last two months are usually associated with a slowdown
in job growth. We expect moderate job growth to
continue, but it is becoming clear that employers are reacting
to the growing uncertainty in the U.S. economy by slowing
down hiring."
To read more:
http://www.conference-board.org/data/eti.cfm
The SHRM
LINE Employment Expectations Report for June 2011 has been released.
Manufacturers
and service-sector companies will continue to add jobs in June,
but the pace of payroll growth remains insufficient to drive unemployment
rates down significantly, according to the Society for Human Resource
Management's (SHRM) Leading Indicators of National Employment
(LINE) survey for June 2011.
Mixed
results for hiring expectations in June.
The rate
of job creation will rise slightly in manufacturing and fall moderately
in services compared with a year ago.
Recruiting
difficulty rises in both sectors.
More HR professionals
in manufacturing and services reported increased difficulty with
recruiting key candidates in May.
To read more
click here
Job Growth
slows
Private-sector
employment growth slowed sharply in May, according to the national
employment report released today by Automatic Data Processing
Inc. Employment in the private sector rose by 38,000 on a seasonally
adjusted basis in May, down from growth of 179,000 in April. Employment
in the service-providing sector rose by 48,000 in May, the 17th
consecutive month of employment gains. Employment in the goods-producing
sector fell 10,000, following six months of increases.
To read more
click here
EMPLOYMENT
OUTLOOK (continued) |
Consulting
Magazine Poll - What Client Industry Will Be The Busiest For Your
Firm The Next Six Months?
Healthcare |
41% |
Energy |
16% |
Retail |
8% |
Financial Services |
21% |
Manufacturing |
8% |
Public Sector |
6% |
STOP
STRUGGLING WITH WRITING AND PUBLISHING YOUR NEWSLETTER: |
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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
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Use your staff’s
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or writing articles, formatting and managing all the other ezine
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Contact Barry
Nixon at 949-770-5264 or at wbnixon@aol.com
for more information.
Drug Use
Among Job Applicants Is Growing Issue
Despite continued
high unemployment figures, some area businesses are having
a difficult time filling job openings and the main reason for
the struggle may be surprising. There isn't a lack of qualified
candidates for those jobs, according to Chemung-Schuyler-Steuben
Workforce NY. But many of those candidates -- between 30 percent
and 50 percent, the agency says -- bring one big disqualifying
factor to the table: Drug use.
The number
of job candidates who fail mandatory drug testing is shocking,
said Dan Porter, executive director of CSS Workforce NY. "Surprise
is not the word I would use. It's appalling," Porter said. "With
unemployment in our area at 8.3 percent, you would think people
would give everything they could to have an advantage. It's gigantic.
It is a huge issue.
To read more
click here
Public
Record Update
Sponsored by:
Public
Record Update
By Mike Sankey, June, 2011
New
Hampshire Courts Reorganization: The New Circuit Courts
|
Effective
July 1, 2011, a new Circuit Court system in New Hampshire will
consolidate the existing 32 District Courts, 10 Probate Courts,
and 25 Family Courts. Under the new system each county will have
a Circuit Court with three Divisions: District, Family, and Probate.
All current
District Court locations will remain open. In most counties, the
probate case records will be maintained in the District Court
located at the county seat. The District Division will
continue to handle misdemeanor, traffic, civil actions under $25,000,
small claims, and landlord-tenant cases. The Probate Division
will still have jurisdiction over wills, trusts and estates, guardianships
and involuntary commitment proceedings, adoptions, name changes
and partition of real estate. In most counties, the probate case
records will be maintained in the District Court located at the
county seat. Family Division cases include divorce/parenting
action, child support, domestic violence petitions, guardianship
of minors, termination of parental rights, abuse/neglect cases,
children in need of services, juvenile delinquency, and some adoptions.
To read
more click
here
DRUG
AND ALCOHOL TESTING (continued) |
Is Drug Testing
an Invasion of Privacy?
When you
join a company, you usually are required to sign an employment
contract. This contract contains several provisions, including
the right to drug test you. Usually, a company will reserve the
right to drug test someone if they believe you may be under the
influence of drugs. However, in Florida, the governor wants to
mandate drug testing for state employees, both new hires and existing.
The ACLU has filed suit attempting to block this extended drug
testing because they believe "it is an unnecessary and costly
invasion of the basic privacy and dignity of all state workers
to force us to submit to tests of our bodily fluids with absolutely
no just cause. "
On the other
hand, many people will argue that if you have nothing to hide,
you shouldn't be afraid to take a drug test. The problem is that
the ACLU won a similar lawsuit in 2004. The U.S. District Judge
Robert Hinkle determined that the Department of Juvenile Justice
was wrong to fire an office employee because he had no direct
contact with children nor were there any safety reasons for the
testing, such as carrying a gun or driving. Also, Outside of an
agreement in your employment contract, the U.S. Supreme Court
has looked at this issue. The Court will allow a suspicion-less
drug test only if "the risk to public safety is substantial
and real." This usually includes those who work with children,
handling drugs, carry a weapon or drive vehicles.
To read more
click here
HARD
COPY ARTICLE IN PRINT |
|
The
Matrix Quandary
By
Frederick G. Giles, CPP, and Pamela Q. Devata
Used
properly, decision on hiring matrices can help aq company
make good employment decisions, but misuse can land companies
in legal hot water. The key is for employers to use such
tools only after careful thought and legal review to ensure
that they are well-conceived and legally defensible. For
beginners, Human Resource and Security professionals tasked
with vetting jobs candidates must ensure that any use of
decision matrixes for employment background report evaluation
does not violate the principles laid out in the landmark
case Griffs v. Duke Power Company.
Anyone
developing a hiring policy must understand what a decision
matrix is, what the risks of using it are, and how an appropriate
matrix can be developed to facilitate fair hiring of qualified
employees without increasing liability.
To
read the full article see - Security Management , June edition
|
THE
WASHINGTON REPORT BY MONTSERRAT MILLER |
Montserrat Miller is a
Partner with the law firm Arnall Golden Gregory, LLP and is based
in Washington, DC. Ms. Miller's practice focuses on privacy and
immigration compliance, as well as representation before Congress
and federal regulatory agencies such as the Federal Trade Commission,
Equal Employment Opportunity Commission, Consumer Financial Protection
Bureau and the Department of Homeland Security.
You can contact
Monterrat at Montserrat.Miller@AGG.com
or visit http://www.agg.com/Contents/Home.aspx
Are You
Prepared To Handle A Data Breach In A Positive Manner?
Recently
I read an article regarding multiple data breaches and the executive
of one company was actually receiving positive press relative
to a data breach where individuals' personally identifiable information
(PII) was compromised. Who knew such positive media coverage was
possible! However, it wasn't the breach that was being lauded,
but rather the company's response to the breach. Mind you that
this could cut either way. Take the Sony Corp. example, where
they were criticized for their consumer response when their PlayStation
gaming system was hacked.
Given the
sophistication of hackers, if you collect, use, maintain or disseminate
PII you have a problem in that a data breach is one key stroke
or one lost laptop away. It is important therefore to plan in
advance, and have a written data security and breach notification
policy in place, regarding if, who, how and when you will respond
in the event of such a breach. Have a crisis response team in
place, both internally and externally, which includes legal counsel,
IT specialists and public relations experts. Recognize that consumer's
PII is uniquely precious and the Holy Grail for identity thieves.
While perhaps some hackers hack for the thrill of the challenge
(super geeky) or others hack for military and espionage purposes
(super bad), the type of hacker that you and I have to worry about
on a daily basis is the one who steals credit card information
or social security numbers for the purpose of committing identity
theft.
To read more
click
here
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.
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Sponsored by:
Most industries
and firms now compete in a global marketplace which is continuing
to increase the need for background checks for new hires that
will reside in another country or that are being hired from another
country. Commensurate with this growth in background checks is
the need to understand the myriad of data protection, privacy,
human rights and local laws that govern the practice of conducting
background checks. To help background screening firms around the
world to further enhance their knowledge we have launched this
International Legal Challenge.
We are grateful
to Brian Arbetter a Partner with the global law firm of Baker
& McKenzie LLP for providing the question and answer to the
questions in the International Legal Challenge. Brian is based
out of the Firm's Chicago and San Diego offices. His practice
focuses on international law issues, with particular emphasis
on labor and employment, as well as workplace privacy. For information
regarding the answers to the International Legal Challenge questions,
please contact Brian at brian.arbetter@bakermckenzie.com.
Please
Choose One of the Following Answer in Response to the Question
For
information on sponsoring The International Legal Challenge Question
please Click
Here
Manpower
Employment Outlook Survey - Global
Employers
in India, Brazil, Taiwan and Turkey report the strongest third-quarter
hiring plans, while those in Spain, Greece, Italy and Ireland
report the weakest—and only negative—hiring forecasts.
The hiring pace is expected to improve from three months ago in
20 of 39 countries and territories.
Regionally,
employers in the Asia Pacific region report the most positive
Net Employment Outlooks. Indian employers continue to anticipate
the most optimistic hiring environment among all of the countries
and territories that participate in the survey. Hiring intentions
are positive in all eight countries and territories. However,
employer demand for talent is marginally weaker from three months
ago in five of eight Asia Pacific countries and territories surveyed.
In the Americas,
employers in all 10 countries report positive third-quarter hiring
intentions. Opportunities for job seekers are expected to remain
relatively stable or improve in eight of 10 countries, year-over-year.
The conservative hiring Outlook in the U.S. is unchanged quarter-over-quarter
but improves slightly from last year at this time.
In the EMEA
region, employers report positive hiring intentions in 17 of the
21 countries surveyed with
individual
Outlooks improving in 13 of 21 countries from three months ago
and year-over-year. Similar to the second quarter, regional hiring
plans are strongest in the Eastern European countries of Turkey
and Romania and weakest in Spain and Greece.
To read more
click here
Canpro
Global and King - Reed Merge to Create Canada's
Largest National Investigation and Risk Mitigation Firm
Toronto,
June 7, 2011: Canpro Global Services Inc. and King-Reed &
AssoCANAciates LP have amalgamated to create the largest full-service
risk mitigation and investigation company in Canada. The new organization,
Canpro King-Reed LP, with combined annual revenues in excess of
$40 million, becomes
the dominant
service provider in its field. Chairman of the Board, Brian D.
King, and President and CEO, Robert Burns, in a joint announcement
said, "We now blanket the country from coast to coast and
our clients get the broadest range of services in the industry.
It's a perfect fit."
The combined
firm will deliver uniform reporting and methodology and the ease
of a single point of contact for national coverage. Clients will
now have access to expanded technology, geographic coverage, resources
and industry specialists across Canada and in some international
locations.
Client services
include Investigations, Security and Risk Consulting, Pre-employment
Screening, Occupational Health & Safety, and Labour Risk Management.
To read more
click
here
Data Czar
Says He Will Step Up Inspections
The European
data protection supervisor (EDPS) has warned that he will step
up inspections and monitoring to make sure EU institutions abide
by EU data protection rules. Peter
Hustinx, the European data protection supervisor, said in
his office's annual report for 2010 released yesterday (15 June)
that more on-the-spot inspections would be carried out this year
on cases it receives where it has grounds to believe EU institutions
are failing to comply.
His report
added that the EDPS would also give special attention to how member
states and the European Commission are drafting and implementing
new legislation on border security checks, such as the proposed
entry-exit system and the registered traveller programme, as well
as an EU-wide system to collect data on airline passengers.
To read more
click here
Animal
Rights Extremism In Europe - Where Are We Now?
Animal rights
extremism includes clearly biomedical research, fur, intensive
farming, meat, greyhound and horse racing, hunting and in fact
anything to do with animals can result in a protest campaign.
The last two to three years have seen what can only be described
as serious, organised criminality, where companies have not only
been demonstrated against, but have suffered serious attacks involving
the use of incendiary devices, other arson attacks and the personalisation
of targeting against senior management. In total in 2009-2010
there have been 27 attacks in 7 Member States, 11 of which involved
arson or incendiary devices being used. Small scale demonstrations
continue against all the causes mentioned above. Other criminal
activity continues and there may well be further infiltration
and subsequent exposés of activity within research laboratories.
In addition, leading activists in the UK are now being released
from lengthy prison sentences, and whilst there is a relatively
low level of animal rights activity this may now change. It would
seem, therefore, prudent to mitigate this threat.
Companies
and organisations need to be informed in respect of what they
are doing that may make them a target for extremism, and what
the activists are doing. This understanding of the threat allows
the risk assessments to be considered and any contingency plans
to be tested. If you are undertaking research, I would suggest
an effective way of mitigating the threat of infiltration and
exposé is to ensure the welfare of your research animals
is first rate and that you publish on your website and in other
corporate literature exactly what you are doing. Having a robust
infiltration prevention plan including extensive pre-employment
screening and interviewing and selection skills is also essential.
This should ensure there can be no shocks or surprises. Finally,
you should always liaise with your local police.
To read more
click
here
Germany
– Country Background Screening Essentials
The primary
law governing background checks in Germany is
The Federal Data Protection Act (Bundesdatenschutzgesetz
(BDSG). As of 1 September 2009 the BDSG provides comprehensive
regulation of the processing of personal data. In addition, each
German State has privacy legislation and data privacy commissioners
to enforce State laws. The German federal government amended the
existing law on the processing of employee data in June 2010..
This new law now applies to virtually all data collected and used
by employers over the course of an employment relationship. The
new law allows employees to consent to the background check; however,
it is very strictly limited.
According
to Sec. 32a para. 8 of the law, any personal data shall only be
collected directly from the affected employee or applicant. Any
collection of data on the applicant from a third party requires
prior opt-in consent. An exemption is made only for data that
is publicly available so that Internet searches on the individual
will generally remain permissible. In case an employment relationship
has not been founded, the data of the applicant may only be stored
further if the applicant has consented.
In addition,
a prospective employer may only ask questions relating to particularly
sensitive subject matter if the information is significantly and
decisively pertinent to the work. In this context, sensitive data
includes: disabilities, health, religious or political views –
as well as criminal records and financial standing.
To read more
click
here
Hungarian
International Data Protection Conference
On June 16
and 17, 2011, the Hungarian Presidency of the Council of the European
Union hosted a high-level
international data protection conference in Budapest. The
following are some highlights from the second day's events:
- During
the "New principles in the field" panel the principle
of accountability was discussed
- The second
and final panel discussed "Global compatible standards
of privacy / data protection,"
- The conference
ended with a speech by former Hungarian Data Protection Commissioner
Attila Péterfalvi whom provided some details regarding
upcoming legislation to amend the Hungarian data protection
framework, Accordingly, the new legislation was designed to
bring Hungary into compliance with the Directive, in particular
by converting the Data Protection Ombudsman into an independent
data protection authority with its own budget. The legislation
would make the new DPA responsible for freedom of information
as well as data protection. Approval of the amendments will
require a two-thirds majority in the Hungarian parliament; it
is hoped that the amendments may be approved some time this
summer.
To read more
click here
Right
To Privacy May Become Fundamental Right
The law ministry
is working on a proposal to make right to privacy a fundamental
right in the Indian Constitution. The right to privacy would include
the right to confidentiality of communication, confidentiality
of private or family life, protection of his honour and good name,
protection from search, detention or exposure of lawful communication
between individuals, privacy from surveillance, confidentiality
of banking, financial, medical and legal information, protection
from identity theft of various kinds, protection of use of a person's
photographs, fingerprints, DNA samples and other samples taken
at police stations and other places and protection of data relating
to individual. If the legislation is passed, it would address
several concerns expressed by some sections of the civil society.
For instance, there has been outrage over the `compromise' of
an individual's privacy in a project like UID, where all
personal
data will be available at the click of a mouse.
To read more
click
here
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in the Background Screening Industry.
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Fake Flying
License Scam: Four Arrested
Four persons,
including a DGCA official and a pilot were arrested by Delhi Police
in connection with the fake flying license scam in New Delhi on
March 26, 2011.
DGCA had recently grounded 14 pilots who obtained their commercial
licences by submitting fake records and document. These pilots
whose licenses have been revoked had allegedly not flown the mandatory
hours and are alleged to have got fake certificates from a Rajasthan
flying training institute.
DGCA chief E K Bharat Bhushan said that DGCA would conduct third-party
audit of all the 40 flying schools in the country in the wake
of cases of forgery behind securing of licences coming to light.
Bharat Bhushan, the Director General in DGCA, said essentially
there are two types of frauds in regard to fake pilot licenses.
One type of fraud related to not passing the Commercial Pilot
License (CPL) exam and producing false marksheet to procure the
flying license while the other related to flying schools crediting
flying hours in certificates which has actually not been undertaken
by the persons concerned, he said.
To read more
click
here
Malaysia
to Establish New Government Department for Personal Data Protection
On June 20,
2011, Malaysia's
Bernama News Agency reported that the Malaysian Ministry of Information, Communication
and Culture will establish a government department to facilitate
the implementation of Malaysia's new Personal Data Protection
Act. Malaysia passed the Personal Data Protection Act in 2010,
but the law has yet to go into effect. According to the report,
enforcement of the Act is scheduled for early next year.
Source: Privacy and Information Security
Blog
Report
on the 2011 New Zealand Workplace Violence Survey
Some 96 organisations
responded to the online 2011 Workplace Violence Survey conducted
by Massey University which represents over 76,000 New Zealand
employees (approx. 4% of the employed workforce). The survey respondent
Was most frequently the organisation's health and safety manager,
advisor or coordinator.
Just over
one--half of the organizations participating in the study reported
cases of workplace violence, With a roughly even split between
physical assault and property---related violence. A total of nearly
2500 cases of workplace violence were reported in 2009 by the
96 organisations participating in the survey. Highest incidence
of workplace violence was reported for the attempted assault'
categories,
while a total
of 436 cases involved some form of physical injury (18% of all
reported cases).
To read the
full study
click here
Peruvian
Privacy Law Expected by July 28, 2011
On June 7,
2011, the Congress of the Republic of Peru passed the Personal
Data Protection Law ( Ley de Protección de Datos Personales,
Proyecto de Ley 4079/2009-PE). If signed into law, the bill
would make Peru the newest member of the group of Latin American
countries with EU-style omnibus privacy legislation. View a copy
of the
Personal Data Protection Law (in Spanish) as passed on June
7, 2011.
To read more
click here
INTERNATIONAL:
PROFESSIONAL WORKSHOPS AND ASSOCATION CONFERENCES
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Featured Courses:
Privacy
Laws & Business 24th Annual International Conference, 11
to 13 July, 2011, Cambridge, UK, http://privacylaws.com/templates/AnnualConferences.aspx?id=641
Document Verification
for non-UK National Employees Workshop, Business Forums
International LTD - London – 19 July 2011, http://www.bfi.co.uk/event-detail.asp?eventid=129
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UPCOMING CONFERENCES, COURSES & EVENTS |
2011
Events (
Click Here to View full list of 2011 Events
) - Updated Monthly
SHRM
State Conferences, visit
http://www.shrm.org/Conferences/StateAffilliateConferences/Pages/default.aspx
Drug
and Alcohol Testing Industry Association (DATIA), 2011 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/byregion.asp
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