BACKGROUND
SCREENING NEWS |
Could
This Be the Future of Background Checking?
A new study
from Carnegie Mellon University showed that current technology
can cross reference a person's face with currently available
photos on the Web (such as Facebook) and find out information
about that person, including their interests -- and in some
cases their social security numbers. Simply snapping a photo
of a complete stranger on a cell phone, could enable you to
learn more about them than you would in causal conversation.
While CMU researchers were able to effectively use face recognition
technology or "offline to online recognition" to accomplish
this, they did so for only one-third of their test subjects.
Entirely successful or not, this study demonstrates the fast
approaching and inevitable capabilities of technology. The author
of this article, Clayton Morris, suggests we protect ourselves
from a not so far away world where personal boundaries and anonymity
cease to exist. "The less sensitive information you put on the
Internet, the less sensitive information someone can find out
about you."
To read the full article, click here
Background
Checks are on The Rise in Churches
More than
25,000 background checks conducted by churches or organizations
on prospective workers in the past three years have turned up
more than 1,600 felony offenses, with the number of organizations
conducting background checks having risen 27 percent in the
past year, according to LifeWay Christian Resources of the Southern
Baptist Convention.Since launching LifeWay.com/backgroundchecks
in 2008, more than 1,656 different churches or organizations
have conducted 25,470 background checks. Of those, more than
45 percent (11,656) returned a criminal hit. A "hit" is any
kind of incident, ranging from minor traffic violations to felony
convictions, explained Jennie Taylor, marketing coordinator
in LifeWay's direct marketing department.Excluding traffic and
non-traffic infractions (jay-walking, noise pollution, etc.,)
more than 20 percent (5,107 searches) returned records with
misdemeanor or felony results. More than 1,600 of those 5,107
searches returned felony offenses.
"Churches are realizing that this is something they need to
be doing," Taylor said.
To read the full article, click
here
Industry Awaits EEOC Decision on Criminal-Background Checks
Many employers are apprehensively awaiting the U.S. Equal Employment
Opportunity Commission's (EEOC) ruling on a guideline that could
limit an employer's ability to use criminal background checks
during the hiring process. Despite a fury of opposition, observers
believe the EEOC is leaning towards enacting such restrictions.
David French, senior vice president for government relations
at the Washington-based National Retail Federation, wrote in
a letter to the EEOC, "The retail industry wants to keep our
workplaces safe," he said. "Removing a first line of defense,
specifically the criminal-background-history question on an
employment application, leaves retailers, shoppers and the entire
business community at a disadvantage."Others are concerned the
new EEOC guidelines could place new unnecessary demands on businesses
that further complicate the hiring process.
Proponents such as Stephen Saltzburg, a professor at George
Washington Law School, argues the current system often results
in, "unjustified and discriminatory barriers to persons whose
criminal records are unrelated to the employment at issue and
whose records maintained by government databases are inaccurate
or incomplete."
To read more click
here
Roskam Baking Co. Lawsuit Draws Attention To Mistaken Identity
As Potential Job Killer
The background screening is meant to give businesses peace of
mind during the hiring process, did the complete opposite for
Leonardo Molina, who was wrongly convicted of a felony by a
background check company resulting in dismissal from his job
at Roskam Baking Co. before he even started. Molina is now filing
federal lawsuits against four companies, including Backgrounds
Online, who was responsible for the mistake, on the grounds
of violating the Fair Credit Reporting Act (FCRA). Molina alleges
the companies failed to provide him with, "meaningful access
to the inaccurate information prior" to his firing that was
"based on patently false information." He also claimed that
Backgrounds Online failed "to follow reasonable procedures to
assure maximum possible accuracy of the information."
It was only after Molina took legal action did he become aware
of the reason behind his dismissal. Friery explains how in many
cases, employees' records could show criminal charges, even
those that do not necessarily warrant dismissal, and yet they
are kept in the dark regarding mistakes that are costing them
jobs. The FCRA, which Molina cites as the basis of his lawsuit,
requires that employers provide workers a chance to dispute
alleged errors in background reports. According to TenaFriery.
Privacy Rights Clearinghouse Research Director, "The flaw is,
employers don't have to hold the job open."
To read
the more
click here
BACKGROUND
SCREENING NEWS (continued) |
Background
Checks Taking Longer, Costing More
Randy Decker,
executive director of human resources for Edmond Public Schools,
said the turn-around time for background checks is taking much
longer than it should and the checks are costing much more than
they have in the past.
Senate Bill 2199 passed in 2010 mandated that national criminal
history record checks (fingerprints) on all new school employees
in Oklahoma be done through the State Department of Education,
the Oklahoma State Bureau of Investigation and the Federal Bureau
of Investigation.
In a letter sent to Oklahoma legislators, Decker said, "While
we applaud the Legislature's efforts to protect our school children,
this bill negated an already existing efficient procedure for
most school districts and replaced it with a cumbersome, expensive
and inefficient process that does not, in its current form, protect
students as well as the previous process."
"When our background checks were done by a third-party vendor
we spent between $18 to $30 for each one," Decker said. "The processing
charge is now $45 plus $10 for the fingerprinting for a processing
time of four to six weeks, and a $58 processing fee can be paid
for a two- to four-day turnaround.
To read more click
here
Employment
Applications And Background Checks - Are You Compliant With Ever-changing
Laws?
As laws continue to change, employers must ensure the employment
applications and background checking processes and procedures
they use are up-to-date and compliant. Currently, many employment
applications ask about an applicant's criminal history and the
answers are taken into account during hiring decisions. However,
a few states and cities around the country have enacted "ban the
box" laws that prohibit employers from inquiring about criminal
history (including asking if the applicant has ever been convicted
of any crime). Even those states without "ban the box" legislation
are still limited in the type of information that can be acquired
during the application process.
Additional changes in the law require employers to obtain authorization
from applicants prior to using a third party to perform background
checks and it includes certain rules about the use of credit information
in hiring decisions (Fair Credit Reporting Act-FCRA). Checking
applicable laws in all of the jurisdictions where employers hire
employees is crucial to navigating the do's and don'ts of the
pre-employment process.
To learn
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 Pam Devata, Seyfarth
Shaw LLP for providing the expertise for this valuable endeavor.
For information regarding the answers to the Legal Challenge Questions,
please contact Pamela Devata at Seyfarth Shaw LLP at pdevata@seyfarth.com
or 312-460-5000 or visit www.seyfarth.com.
Please choose
your answer by clicking on it:
GIS
Recognized As One Of Fastest Growing Companies In U.S.
General Information
Services, Inc. (GIShas been awarded a spot on the Inc. 5000 as
one of America's fastest growing private companies for the second
year in a row.
Ray Conrad,
owner and CEO of GIS, said "The continued growth of GIS is a direct
result of our commitment to customer service. The GIS team continues
to innovate, developing new products and solutions that help increase
our customers' success."In the past year alone, GIS has begun
providing new valuable regulatory research solutions to clients
and has grown their Pangea
Talent Acquisition Suite. Though previously an optimal talent
acquisition solution for high volume hourly hiring, Pangea has
added functionality to help clients hire for salaried positions
as well, providing clients with a one-stop-shop for their hiring
needs.
To read more
click
here
Background Screening Company Sterling Infosystems Acquires Colorado-Based
Tandem Select
Sterling
Infosystems Inc. announced today it has acquired Tandem Select,
a leading background screening company based in Fort Collins,
CO. The acquisition brings together two of 2011's Inc. 5000 fastest
growing companies.
William Greenblatt,
Founder and CEO of New York City-headquartered Sterling, said
"In addition to Tandem's renowned customer service excellence,
this acquisition will allow their focus and skill in product innovation
to complement Sterling's initiatives and global influence. We're
very excited about what this will mean for the future of the background
screening industry."
"This is
a great example of a large and growing industry recognizing the
talent and success Tandem Select has to offer and it gives our
customers access to full service, global screening capabilities,"
Chris Baker, Tandem Select CEO said.
To read more, click
here
Good
Samaritan Hospital of Los Angeles Joins SkillSurvey®
SkillSurvey®,
Inc., the inventor and leading-provider of Web 2.0 reference-assessment
solutions, is pleased to announce that Good Samaritan Hospital
of Los Angeles, California, is now a subscriber to SkillSurvey®'s
flagship service Pre-Hire 360®. The tertiary-care hospital,
which employs 1,600 people and has over 600 physicians on its
medical staff, is now using the system to gather feedback from
references on hires for all positions across the organization.
"After speaking
with other hospitals who've improved their patient satisfaction
scores using Pre-Hire 360®, we recognized that the service
is a best practice in hiring and one that fits with our own goals
of delivering excellent customer service," explained Abe Porras,
director of recruitment and workforce planning at Good Samaritan
Hospital.
"Good Samaritan
Hospital joins a growing number of hospitals who are turning to
SkillSurvey® for better ways to recruit candidates who already
exhibit the skills, behaviors, and attitudes that translate into
superior patient care," said Ray Bixler, president and CEO of
SkillSurvey®.
To read more
go to www.skillsurvey.com
MSU
Licenses Technology To Detect Altered Fingerprints
Michigan State University has licensed cutting-edge software that
detects altered fingerprints to Morpho, part of the Safran group,
one of the world's leading suppliers of identification and detection
solutions.
The widespread
use of fingerprint recognition systems has led some individuals
to disfigure or surgically change their fingerprints to mask their
identities. The technology, developed by Anil Jain, University
Distinguished Professor of computer science and engineering at
MSU, can help law enforcement and border control officials detect
these altered fingerprints.
"Government
agencies worldwide encounter individuals who have gone to extreme
measures to alter their fingerprints to avoid being identified
by automatic fingerprint recognition systems," Jain said. "The
technology can raise a flag so that officials can then perform
a secondary inspection to reveal the person's true identity."
To read more
click here
Federal
Reserve Beige book: Labor Market Holds
Labor market
conditions held steady in most Federal Reserve districts, while
some reported modest employment growth, according to the latest
Federal Reserve Beige Book report. Several districts reported
a shortage of skilled workers such as engineers, mechanics and
software developers. Jobs in the healthcare industry continued
to rise, and the Cleveland, Minneapolis, Kansas City and Dallas
districts indicated growth in energy-related employment. Many
districts reported an increase in auto sales and service technician
positions, and the Minneapolis district is seeing new manufacturing
jobs.
Economic
activity expanded moderately overall, though some districts reported
mixed activity. Several districts also indicated that recent stock
market volatility and increased economic uncertainty has led many
contacts to downgrade their near-term outlooks.
To read more
click here
Global
Business Leaders Prepare Strategy For Another Recession,
Harvard Business
Review decided to take the pulse of global business leaders, since
it's their perspectives - their expressions of confidence - that
most help determine economic performance. Pessimism at that level
translates into corporate decisions to cut spending, hold off
on hiring, and defer new investments. Among the 1,379 respondents,
70% said a global economic recession is either somewhat or very
likely in the coming months. They're particularly down on Europe's
prospects. Nearly nine out of 10 expect growth will be less than
2%.
Looking beyond
the Harvard Business Review survey, a September 2011 study from
the World Bank indicates global growth will slow to 2.8% in 2011
from 3.8% last year. And concerns about US and European growth
translate into a longer-term shift in thoughts on global economic
leadership. Half of the respondents expect China to surpass the
US as the global economic leader in the next 10 years.
These findings
track with other projections about global growth. For example,
the Asian Development Bank in a September 2011 statement said
that it was "trimming its growth forecast slightly to 7.5% for
both this year and next for 45 developing or newly industrialising
Asian countries, excluding Japan. In April, the bank had predicted
that the region would expand 7.8% in 2011 and 7.7% in 2012."
To read more
click here
|
|
Fantastic
Advertising Opportunity
I author an on-going column on background screening
in PI Magazine which is the voice of the PI industry.
We have negotiated a fabulous sponsor package for
the column to promote your business to the PI industry. |
Did
you know that there are 45,000 active PI's currently in
the US and that 75% of them conduct background checks?
Also did you know that PI's spend approximately $60 million
on data providing services annually?
Is your firm maximizing its' penetration of the PI industry
and are there untapped opportunities for your products.
The Background Screening Column will give you a great
opportunity to reach out to the PI community to generate
more sales and revenue. To find out how you can access
your share of the PI marketplace contact Barry Nixon today
at 949-770-5264 or wbnixon@aol.com
|
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.
Public
Record Update
Sponsored by:
Public
Record Update
By
Mike Sankey, brbpulications, August 2011
CRAHelpDesk
PO
Box 27869
Tempe,
AZ 85285
800-929-3811
Fax:
800-929-3810 mike@brbpublications.com
www.CRAHelpDesk.com
|
Compliance with the myriad of state laws is a complex
subject affecting CRAs and their clients. The State Rules
Register provides an uncomplicated explanation in plain
English of state laws for what is reportable to the client,
usable by the client, and the necessary steps to take
to be in compliance with state laws. Also included are
best practices, practical tips, and ongoing notification
when state and federal laws change. Create your own matrix
reports. Use the special Resource Tabs of Guidelines and
Special Instructions. The State Rules Register, available
for $125 annually, includes unlimited access. See www.CRAHelpDesk.com.
We Help Consumer Reporting Agencies |
THE
WASHINGTON REPORT BY MONTSERRAT MILLER |
Are
CRAs being Boxed Out?
A public
hearing has been scheduled for October 7, 2011 at 10 am in the
IRS Auditorium in Washington, DC which will focus on the proposed
regulations that would establish a new user fee for individuals
to take the registered tax return preparer competency examination
and a new user fee for certain persons to be fingerprinted
in conjunction with the preparer tax identification number, acceptance
agent, and authorized e-file provider programs.
What does
this have to do with CRAs? Fingerprints and background checks.
The Internal
Revenue Service (IRS) has been looking at the tax return preparer
industry for the past few years and issued a series of regulations
in an effort to have greater oversight of tax return preparers.
These efforts include a regulation that allows individuals to
pay the applicable user fee and obtain a Preparer Tax Identification
Number (PTIN) permitting the individual to prepare, or assist
in the preparation of all or substantially all of a tax return
or claim for refund for compensation in certain controlled situations
and if the individual passes the requisite tax compliance check
and suitability check.
Suitability
check is IRS speak for background check and fingerprinting.
The IRS has
selected two third party vendors,
Daon Trusted Identity Services and Prometric , who have multi-year contracts to collect and transmit
fingerprints from locations around the country to the FBI on behalf
of the IRS. The question is whether this means that CRAs who are
doing similar background checks will be cut out of the process
when an individual seeks a PTIN.
To read more
click
here
Cargill
And Checkster CEO To Present At Taleo World Conference
Cheri
Hanson from Cargill, the international producer and marketer
of food, agricultural, financial and industrial products
and services employing 131,000 people in 66 countries,
will present with Yves Lermusi, chief executive officer
of Checkster at the Taleo World user conference in San
Francisco, California.
The
presentation, "Social Assessment: The New Pathway to Quality
of Hire," will describe how Cargill has been transforming
the inefficient and ineffective telephone reference checking
process into an innovative method, often called Reference
Check 2.0 or Social Assessment. Borrowing from the collective
intelligence - proven decision science, as demonstrated
by Google, Yelp or TripAdvisor, this presentation applies
that science to talent assessment for better results and
reduced costs. Focused around the Cargill case study,
Hanson and Lermusi will showcase how organizations can
increase accuracy in their hiring practices while still
showing positive ROI by leveraging the wisdom of the crowd.
But most interestingly, it will show how organizations
can scale this practice for all your new hires.
To
read more click
here
|
SHRM Poll
Reveals Half Of Employers Conduct Drug Tests On Final Job Candidates
A recent
poll on Drug Testing Efficacy, conducted by the Society
for Human Resource Management (SHRM) in collaboration with
the Drug & Alcohol Testing Industry Association (DATIA) revealed
that, "drug testing may yield a high return on investment by creating
a more stable, productive and safe workplace," said Neil Fortner,
DATIA Chairman elect and the study's principal investigator. The
poll reflected the drug testing policies and practices of more
than 1,000 randomly selected HR professionals.
The SHRM/DATIA poll found that 57 percent of employers conduct
drug tests on all job applicants and those that did noticed an
impact on employee productivity (up 19 percent), workers compensation
incidence rates (down more than 50 percent) and employee absenteeism
(down more than 50 percent) after using them. Interestingly, while
more than 50 percent of employers conduct drug tests initially,
64 percent do not continue to do so for existing employees.
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
SHOWCASEwhich features suppliers to the Background
Screening Industry.
2011
Summer/Fall Edition Directory of Suppliers Now Available!
Former
Morgan County Administrator May Have Obtained Advanced Degrees
Using A Diploma Mill
After discovering
Morgan County's embattled former council administrator could have
obtained advanced degrees using a diploma mill, the Morgan County
attorney is advising employers to question credentials listed
on resumes and job applications. While gathering Garth B. Day's
personal belongings in his former office, County Attorney Jann
Farris came across Day's bachelor's and master's degree certificates
from Rochville University. "It looked suspicious," Farris said.
Farris' suspicions
led him online, where Wikipedia states the university has been
accused of being a diploma mill that offers degrees based on life
experience and a fee.
His 2008
job application, obtained through a GRAMA request, states that
he received a B.S. degree in political science/public administration
from Weber State University.However, although WSU's registrar
confirmed Day's attendance at the university from 1992 to 1997,
Day never graduated with a degree.
Day entered
six guilty pleas in federal court in June and admitted he stole
nearly $1 million from Morgan County.He is scheduled to be sentenced
in October.
To read more
click here
Sex
Offenders Paid To Baby-Sit
Cornelius
Osborne may not seem like baby-sitting material. He was convicted
of raping two women. A succession of felonies, from robbery to
failing to register as a sex offender, repeatedly sent him to
prison, state records show. But over more than two years, the
state paid Osborne nearly $5,000 to baby-sit two children, before
his latest conviction - for dealing drugs - put him back behind
bars. Osborne, of Chicago , wasn't the only sex offender paid
by taxpayers to baby-sit, according to a Tribune investigation
that found cases of convicted rapists, molesters and other violent
felons given access to children over the past decade.The money
comes from a$750 million-a-year program that subsidizes child
care for more than 150,000 impoverished Illinois families.
The state
Department of Human Services poorly vetted baby sitters for years
- and when a 2009 law forced better checks, it took nearly 18
months to start them, the newspaper's investigation of the Child
Care Assistance Program found. Also, despite the reforms, the
Tribune found that even now the state lacks safeguards to weed
out baby sitters who watch children while living in the homes
of sex offenders and other felons deemed too dangerous. Based
on those findings, the state is vowing further reforms.
To read more
click here
Welcome
to the International Legal Challenge Question
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
Become a Founding Member
of the APAC Chapter of NAPBS
Are you interested
in being recognized as a founding member for the APAC Chapter?
The Chapter is currently accepting Founding Member donations.
As a Founding Member of APAC, you will be recognized on the APAC
Chapter website. You can also display the APAC Chapter Founding
Member logo on your company website and printed collateral. The
Founding Member designation does not expire. Your company will
always be recognized as a founding member as long as you are a
member-in-good-standing with the association. There is a one-time
fee of $500 USD; this offer will expire on December 31, 2011.
Click here
to become a founding member today.
For more
information on the APAC chapter contact Wayne Tollemache at Wayne.Tollemache@fadv.com
Drug And Alcohol Testing In The Workplace
Canadian
employers are in a new era of comprehensive risk assessment and
risk management. As occupational health and safety issues are
becoming top priorities for employers, mandatory drug and alcohol
testing programs are increasingly becoming topics of controversy
among the courts.
Key case laws addressing drug and alcohol testing in the workplace
include the following four decisions ( Entrop, Milazzo,Meiorin
and Chiasson). These cases are providing guidance for
employers on the rights and obligations that come with such testing
and help distinguish the different types of substance testing
and the implications of each. Some of the key principles that
employers are advised to consider before implementing a drug and
alcohol testing policy include the following: the need for testing,
disclosure, comprehensive policy, probationary periods, and withdrawal
of employment offers.
To read more click
here
Background
Checks Delay Hirings: Understaffed Group Homes
Can't Fill Void
Karen Fonseth,
CEO, Direct Action in Support of Community Homes (DASCH) head
of a Winnipeg non-profit agency says vulnerable Canadians are
being put at risk because a new system has resulted in long delays
getting background checks for new workers. Fonseth, says it can
take more than a year for some vulnerable-sector checks to be
completed due to the poor implementation of a stricter system
for doing the checks. "It's ridiculous," said Fonseth. "People
can't wait five to six weeks to get a job, let alone five to six
months."
In June,
she had over 50 applications awaiting a criminal check. Last month,
she could only watch in frustration as three more potential hires
found work elsewhere.
The new system,
implemented over a year ago, now requires fingerprints to be submitted
for anyone whose gender and date of birth match someone who has
a sex offence on record. It means far more people now need to
go to their local police station to submit fingerprints and the
delays for processing those prints can extend for several months.
Even the initial check before fingerprints takes four to six weeks,
said Fonseth.
"To read
more click
here
Costa Rica Adopts a Data Protection Law
On 7 September,
Costa Rica adopted a data protection law thus joining six other
countries in Central and Latin America with such laws (Argentina,
Uruguay, Mexico, Chile, Colombia and Peru). The law, which aims
to ensure privacy rights for any person, regardless of nationality,
residence or domicile, applies both to automatic and manual processing
in the private and public sectors.
The law (in
Spanish) is available at http://www.habeasdata.org/wp/2011/09/07/costa-rica-tiene-nueva-ley-de-proteccion-de-datos-personales/
Source: www.privacylaws.com/int_enews_September11#1
Data Protection Office Plays Key Role In Czech Politics
Personal Protection Data Office (UOOU) plays a crucial role in
Czech politics, specifically in the "privatization of power."
The UOOU has the ability to not only make decisions concerning
the protection of privacy of common people, but also the privacy
of people working in state administration and politics.
In June, the Supreme Administrative Court (NSS) granted citizens
the right to know the "pay of persons paid from public budgets,"
and it was severely scrutinized by the UOOU for giving the right
to information superiority over the right to privacy. In spite
of the ruling, some offices refused to provide the required information.
"The quality of Czech democracy is at stake" because politicians
are attempting to control public institutions and economies and
are continually "building barriers to what one can learn about
the decision-making in politics."
To read more
click here
The
Passing of Jonathan Grey
It is with
great sadness that I announce that Jonathan Grey of Nova Risk
Management passed away on Saturday 10/09. Our thoughts are with
Jenny and all his family during this difficult time.
On behalf
of NAPBS (Europe) and everyone who has encountered Jonathan within
our industry we wish all of his family our thoughts and prayers
at this time. He was a good man and an ambassador for the industry
and he will be sadly missed by all.
Ewan Tweedie , NAPBS Europe
Hong
Kong Introduces a New Personal Data (Privacy) Amendment Bill
The Personal
Data (Privacy) Amendment Bill (the "Bill") was
introduced into the Legislative Council on 13 July 2011. The Bill
is the culmination of a lengthy consultation process into the
reform of the Personal Data (Privacy) Ordinance (the "Ordinance")
which commenced in 2009. The Bill aims to bring the Ordinance
in line with technological and other advancements that have occurred
since the Ordinance was enacted 15 years ago, and is in part a
response to the mounting public concern in relation to a number
of high profile instances of misuse of personal data in Hong Kong.
The most
significant amendments relate to direct marketing and the sale
of personal information, data processing and the powers of the
Privacy Commissioner for Personal Data (the "Privacy Commissioner").
The Bill also introduces increased penalties for breaches of the
Ordinance. These key amendments are discussed below.
There is
no precise timeframe for the implementation of the Bill at this
stage (as the Bill still has to be debated further by the Legislative
Council after the summer recess, before passing to the committee
stage and undergoing a final reading).
To read more
click here
Hungary
Adopts New Data Protection Law
On July 24th
The Hungarian Parliament adopted the
Act on Informational Self-Determination and Freedom of Information
(the new Data Protection Act), the domestic implementation
of the European Data Protection Directive (95/46/EC). The new
Act will enter into force by 1 January 2012 and same will replace
the Act LXIII of 1992 on the Protection of Personal Data and Public
Access to Data of Public Interest.
The new Data
Protection Act mainly preserved the material provisions of the
outdated former Law. Similarly to the Data Protection Act currently
in force, the new legislation covers both the general material
provisions of data protection as well as freedom of information.
Since the new Data Protection Act is general law, the legislator
may therefore derogate from its provisions through sectoral legislation.
To read more
click
here
Sion
Hospital Exposes Document With Fake Certificate
Sion hospital
in Rajasthan, India recently uncovered a doctor's fraudulent work
experience certificate which would enable him to practice as a
radiologist. New verification guidelines require radiologists
to have at least one year of experience at a renowned hospital
in order to perform specialized tests such as sonographies (commonly
used in fetus sex determination tests). The certificate stated
he had completed this requirement at Sion hospital and even bore
the hospital's official letterhead and forged official signatures.
Even though the Radiology Department insists this is an isolated
incident, they are still taking necessary steps to avoid future
incidents.
To read more click here
New
Bill On Data Protection Law In Peru
On June 9th, 2010 the Executive Branch of the Peruvian Government
sent the draft Bill for the Personal Data Protection Act (hereinafter,
the "Bill") to Congress. The Bill appoints the Ministry of Justice's
National Justice Directorate as the National Personal Data Protection
Authority. If passed, this would be the first Act to ever integrally
rule this matter in the country. Indeed, the rights to privacy,
honor and image are included in the Constitution, although with
a very basic regulation, and spread out through different laws.
The Bill's purpose is to guarantee the fundamental right of the
protection of personal data and other connected rights such as
honor, reputation, privacy, voice, and image. As a general rule,
the draft Bill states that any compilation, transmission, or treatment
of personal data shall require the consent of its owner requires
data processors to take measures to safeguard the security and
confidentiality of the personal data they hold.
To read more
click here
Data
Protection Bill Introduced In Senate
After experiencing
a major data breach in 2010, the Philippines is working hard to
prevent future events with the introduction of a data protection
bill. The Data Privacy Act is one of three ICT (information and
communications technology) measures supported and demanded by
the information technology and business process outsourcing industry.
This bill, sponsored by Senator Edgardo J. Angara, chair of the
Senate committee on Science and Technology, follows the Asia-Pacific
Economic Cooperation (APEC) Privacy Framework, which includes
harm prevention notice and data collection limits and provides
flexibility in implementation.
"By defining
who are accountable whenever breaches occur, the Data Privacy
Act pushes the private and public sectors to keep their information
systems secure," Angara said. "…This measure ensures that
the ICT environment we seek to roll out will be conducive for
both business and government."
To read the full article, click
here
Immigration
Amendment Act Becomes Law
On Friday,
26 August 2011, Government Gazette No. 34561 (Volume 554) was
published. This action heralded the coming into being of the Immigration
Amendment Bill into law. The date upon which the Immigration Amendment
Act of 2011 will come into operation is yet to be announced by
the President. Before the Amendment Act can come into operation,
the Regulations which empower it and which are the "nuts and bolts"
of the Immigration Amendment Act, have yet to be drafted.
A brief summary
of some of the salient changes to the principal Act, the Immigration
Act 13 of 2007, are set out hereunder.
To read more
click here
INTERNATIONAL:
PROFESSIONAL WORKSHOPS AND ASSOCATION CONFERENCES
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(
Click Here to View full list of 2011 International Events
) - Updated Monthly
ADVERTISERS IN THIS EDITION |
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Background
Screening Jobs |
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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 |
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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