Criminal Records and Background Checks

A Short Guide to The Criminal Justice Process 

Is an arrest a conviction? What does is mean to be adjudicated guilty or not guilty? Does non-deferred adjudication mean our company can deny employment? The key to understanding these and many of the questions regarding criminal records is to understand the process involving how one goes from citizen to criminal. Understanding the criminal justice process from arrest through conviction or exoneration really is not that difficult. It is, however, useful when trying to interpret the criminal record portion of an employment background check. 

Let’s use an example of Jeremy, an applicant for ACME Oven Mitts. Jeremy is excited to be applying for a job as a copywriter. He is fresh out of college and has a relatively clean record. He has a couple of parking tickets from college and was fired from his job at The Taco Hut for starting a food fight. His academic record is excellent, and he is a highly creative copywriter.  

Jeremy has been made a conditional offer of employment pending a background check at ACME and decides to celebrate with his friends before he starts in 2 weeks. At the end of the evening with friends, Jeremy, who normally would use a ride share to get home, feels good about driving himself that night. Unfortunately, the police officer who saw Jeremy weaving felt differently. So, what happened to Jeremy between the time the officer stopped him to when he was due to start his job at ACME? Would ACME find out?  

Here is a simple timeline with a description of the general process involved from arrest to court that Jeremy or any applicant would experience in a brush with the law. This process can differ depending on if it is a felony or misdemeanor, but for our story, let’s assume it is a misdemeanor case. Just to be clear, felonies are more serious crimes that can involve incarceration in prison and misdemeanors are less serious and may or may not include jail time.  

The Criminal Justice Process 

Arrest: 

  1. The police officer noticed Jeremy weaving left of center and had reasonable suspicion to affect a traffic stop.  
  1. Jeremy was noticeably slurring his words and smelled of alcohol. He also fails a field sobriety test. The officer now has probable cause to arrest Jeremy and take him into custody. Jeremy’s car is towed, and Jeremy is taken to the local police station.  
  1. After failing the breathalyzer test Jeremy is charged with OVI or DUI depending on the circumstances and amount of alcohol in his system.  
  1. Jeremy’s dad is called and pays Jeremy’s bail. They are given a court date for that Monday. 

Arraignment: 

  1. The arraignment is where a defendant will enter a plea. There are three options for the defendant may enter. 
  • No Contest – This means the defendant neither admits or denies the charges and leaves it up to the court to decide. The court usually will find the defendant guilty and sentence the defendant at that time or refer them to probation. 
  • Guilty – The defendant denies the charges. The court will then either immediately go to sentencing or refer the defendant to a pre-sentencing investigation and schedule a date for sentencing. The bond or bail will be held, and the defendant can be released or can be required to remain incarcerated until sentencing. 
  • Not Guilty – The defendant, in this case Jeremy, pleads not guilty. The court sets a date for trial. The defendant can remain free until trial and the bail that Jeremy’s dad paid at the police station will be held until the case is complete. If the court thought Jeremy was a risk of some type, they could also require him to remain in jail. 

Pre-Trial: 

1.  There can be several pre-trail conferences where the defense can challenge evidence and file motions to have charges dismissed. The prosecution can also negotiate plea bargains and the two sides negotiate how the case shall proceed or if there needs to be a trial. 

2.  For Jeremy, the prosecutor offers a plea bargain for reckless operation of a motor vehicle with alcohol specs. This means that while Jeremy will not have a blemish on his record of a OVI or DUI, the record will still indicate alcohol was involved. Jeremy chooses to take the plea bargain. As a condition of this plea bargain, he is required to admit to the facts of the case and accept sentencing. 

Sentencing: 

  1. At this stage, the defendant will appear in court and enter a plea. The court will have been informed of the plea agreement and ask the defendant if they understand the consequences of the agreement. Sentencing will be based on the recommendations of the prosecutor, the defendant’s previous record and most likely a probation investigation report.  
  1. Based on his lack of any serious record, Jeremy is offered a first offender’s diversionary program. Some states call this deferred adjudication. Deferred adjudication simply means the conviction of the offense will be set aside if the defendant completes certain requirements as recommended by the prosecutor and probation. In Jeremy’s case, it’s 6 months supervised probation, community service and alcohol awareness classes. 

The outcome of this case is that Jeremy started his job at ACME Oven Mitts while on supervised probation. He completed the terms of the probation and his case was dismissed, therefore there was no conviction on record. Jeremy chose to disclose this during the background screening process and H.R. allowed him to still be hired. While the FCRA does not specifically prohibit reporting non-convictions unless they are 7 years or older, many states and cities do have specific prohibitions against using non-convictions to make hiring decisions. Be sure to know your state and local laws regarding this. 

Jeremy’s case could have also been far more complex with a trial and subsequent conviction or an acquittal, which would be a finding of not guilty by the court or a jury. The prosecutor could also have chosen to not pursue the case. In some courts, the record would show as Nolle which is Latin for “nolle prosequi” which means “unwilling to prosecute.” There are many more scenarios we could have discussed with different types of charges and mitigating circumstances. We attempted to give you a quick and easy understanding of the basics here. 

Therefore, it is vitally important to understand the language of the criminal justice process when using criminal background checks to evaluate applicants. There are about 10,000 lower or misdemeanor courts and approximately 3,500 felony courts in the U.S. Having an expert from Nationwide Screening Services assist in in understanding these wide-ranging and sometimes complex issues is essential to a successful employment screening program. 

March Newsletter 2021

Message from the Editor:

Welcome to another edition of ‘Inside Background Screening’ our new newsletter. Our goal is to bring to you cutting edge news and information about what is happening in the background screening world to help keep you informed and to position you to make the best possible hiring decisions.

We hope you enjoy ‘Inside Background Screening’ and that you will share your interest and thoughts with us.

Lorenzo Lorenzo Pugliano CEO

Lpugliano@nsshire.com

EMPLOYMENT SCREENING

Philadelphia Expands Ordinance Limiting Employer Use of Credit Checks

Legislation has been signed by Philadelphia Mayor Jim Kenney that amends the Philadelphia Fair Practices Ordinance. Effective Feb. 20, 2021, the amendment expands the scope of covered employees under the Fair Practices Act to include financial institutions and law enforcement agencies operating in Philadelphia,

which were previously exempt from the ordinance’s requirements. Specifically, law enforcement agencies and financial institutions may not rely, in whole or in part, on credit-related information to take adverse employment action related to job applicants or employees, unless one of two exceptions apply. Employers should review existing policies and practices to ensure compliance with the amendment.

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Illinois Set to Enact New Law Limiting Criminal Convictions in Employment Decisions

The Illinois Human Rights Act prohibits employers from considering an employee’s arrest history and now the state is taking things one step further in banning the use of criminal history in employment decisions. House Bill 1480 was passed, which provides that unless otherwise authorized by law, an employer may only consider an individual’s criminal conviction history if there is a substantial relationship between the criminal history and the position sought or held, or if the employer can show that the individual’s employment raises an unreasonable risk to property or to the safety or welfare of specific individuals or to the general public. The law, upon signing by the governor, will go into effect immediately.

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LEGAL ISSUES

Big News for Background Screening: New Appellate Ruling Says FCRA Permits Reporting Unmatched Criminal Records

The U.S. Court of Appeals for the Eleventh Circuit confirmed in December that it is not inaccurate for a consumer reporting agency (CRA) to report a criminal or sex- offender record without matching the record to a subject consumer, so long as the CRA notifies the user that the record needs further investigation before being attributed to an individual. The decision was made in Erickson v. First Advantage

Background Services Corp. Keith Erickson filed suit after he applied to coach his son’s Little League team and the required background check uncovered his father’s sex-offender record. CRA First Advantage Background Services Corporation alerted Little League, explaining that the record was a name-only match and that the organization’s “further review of the State Sex Offender website is required in order to determine if this is your subject.” Erickson claimed the CRA violated the Fair Credit Reporting Act’s (FCRA) requirement that a consumer reporting agency “follow reasonable procedures to assure maximum possible accuracy” of information included in a consumer report.

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State Background Check Laws That Are Changing in 2021

Employment laws in the states prevent private employers from looking into an applicant’s criminal or credit histories, even though this is an important factor in making hiring decisions. Most states and even some cities have laws in place that allow criminal background checks. Employers in certain industries are required to conduct background checks on their applicants. Georgia, St. Louis and Washington are updating background check laws this year, but it’s important for employers across the country to check state labor law guides.

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Should People with Criminal Convictions be able to Work in Health Care? A Bill in Washington’s Legislature Would Relax State Laws

A bill that is being discussed by Washington lawmakers would end the automatic disqualification of people with certain criminal convictions from working with vulnerable populations in health or home care. Sponsors of the bill say the effort could address the shortage of qualified caretakers and encourage people with convictions to take charge of their lives. Specifically, House Bill 1411 would allow people with certain crimes on their record to be eligible to apply for jobs with the Department of Social and Health Services (DSHS) at long-term care facilities or as in-home caretakers. Although the bill has support, some are urging sponsors to add more safeguards to protect the most vulnerable from abuse and neglect.

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Ten Key FCRA Decisions of 2020

In addition to the continued increase in the number of Fair Credit Reporting Act (FCRA) case filings, 2020 also saw several key decisions handed down by federal courts. These relate to diverse issues like matching procedures of credit re- porting agencies (CRAs), Article III standing, the meaning of “maximum possible accuracy” and preemption of state credit reporting laws. Ten key FCRA decisions were made in: Williams v. First Advantage LNS Screening Solutions, Ramirez v. TransUnion LLC, Walker v. Fred Meyer, Inc., Luna v. Hansen & Adkins Auto Transport, Inc., Davis v. C&D Security Management, Inc. et al., Moran v. The

Screening Pros, LLC, et al., Domante v. Dish Networks, LLC, Consumer Data Industry Association v. Frey, Settles v. Trans Union, LLC, and Erickson v. First Advantage Background Services Corp.

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DRUG SCREENING

Employers and Legal Marijuana

Although most states have legalized marijuana for medical or recreational purposes (or both), the federal government has yet to follow suite. Employers, however, should be paying attention to the ways these new laws should be reflected in their policy decisions, asking questions like “what are the laws in my state?” “Should I be testing for marijuana?” “Can I fire an employee who tests positive?” “If an applicant tests positive for marijuana, could I still hire that person?” and “Have I addressed marijuana laws in my company’s drug-free workplace policy.?” Although laws may vary and some include guidelines for medical use, marijuana is firmly prohibited for employers regulated by the Department of Transportation (DOT). It is still legal to test for marijuana within the workplace, but,

again, employers should pay attention to state laws and regulations.

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New Jersey’s Legalization of Recreational Cannabis Use Includes Critical Employee Protections, But Leaves Many Questions Unanswered

The New Jersey Legislature has passed the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (NJCREAMMA),

removing marijuana as a Schedule 1 drug and legalizing personal use of cannabis for adults over the age of 21. The state is the first to explicitly protect employees who engage in off-work marijuana use from adverse employment action taken on the basis of that use, and to limit an employer’s ability to act on the basis of a positive marijuana test after employment has started. The existing New Jersey Compassionate Use Medical Marijuana Act (CUMMA) requires employers to engage in an interactive process to reasonably accommodate a qualifying employee’s use of medical cannabis off-site and off-hours. Under the new legislation, employers can no longer take adverse action against an employee solely because an individual has used, or not used, a cannabis product off duty, regardless of whether such use is medically prescribed or recreational. Although regulations and guidance are still anticipated, employers are advised to update their drug use and testing policies to account for the new protections.

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The Cannabis Conundrum: A Warning for Employers

Medical marijuana was legalized for use in New York in 2014 and Governor Cuomo has indicated that recreational legalization could soon follow. Although employees there are prohibited from testing job applicants for marijuana, they can test current employees. But what happens if an employee tests positive at work while having a prescription for medical marijuana? The ruling in Gordon v. Consolidated Edison, Inc., determined that a financial analyst who was terminated by Con Edison after a positive drug test could sue the utility company for disability discrimination. In the situation, the plaintiff was advised by a doctor that she would be a suitable candidate for medical marijuana to treat her irritable bowel disease. She made an appointment with the New York State Department of Health’s Medical Marijuana Program to be certified after claiming marijuana instantly relieved her symptoms. She was tested at work before becoming certified and, because of a positive test, was found to have violated the company’s drug policy and was terminated from her position. Employers in similar situations should consider the nature of the employee’s job and whether it is a safety sensitive occupation, whether there have been attendance issues or errors in the employee’s job and whether the cannabis has impacted work performance.

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BIOMETRIC ISSUES

New York Proposes Biometric Privacy Act with Private Right of Action

Assembly Bill 27 – or Biometric Privacy Act – proposed by a bipartisan group of New York State lawmakers, would impose significant compliance requirements for companies handling biometric data. New York would become only the second state with a private right of action that includes statutory damages against entities that improperly use or retain biometric data. Specifically, the BPA will regulate entities’ use and retention of “biometric identifiers” and “biometric information.” Certain requirements would apply to private entities that engage in the collection of biometric identifiers and biometric information and also would prohibit private entities from selling, leasing, trading or otherwise profiting from an individual’s biometric data. In addition, it would put strict restrictions on private entities’ ability to disclose such information without the individual’s consent. The regulation provides a private right of action for any individual “aggrieved” by a violation of the law, and would allow such individual to recover damages of up to $1,000 for each negligent violation and $5,000 for each intentional or reckless violation, as well as attorneys’ fees and costs.

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New York Proposes Biometric Privacy Act with Private Right of Action

Assembly Bill 27 – or Biometric Privacy Act – proposed by a bipartisan group of New York State lawmakers, would impose significant compliance requirements for companies handling biometric data. New York would become only the second state with a private right of action that includes statutory damages against entities that improperly use or retain biometric data. Specifically, the BPA will regulate entities’ use and retention of “biometric identifiers” and “biometric information.” Certain requirements would apply to private entities that engage in the collection of biometric identifiers and biometric information and also would prohibit private entities from selling, leasing, trading or otherwise profiting from an individual’s biometric data. In addition, it would put strict restrictions on private entities’ ability to disclose such information without the individual’s consent. The regulation pro- vides a private right of action for any individual “aggrieved” by a violation of the law, and would allow such individual to recover damages of up to $1,000 for each negligent violation and $5,000 for each intentional or reckless violation, as well as attorneys’ fees and costs.

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Digital ID Verification Increasingly Targeted by AI Deep-fakes, Advisory Warns

According to Gemini Advisory, digital ID verification is attracting new threats in the form of advanced deep-fake software found on the dark web. While this is nothing new, the demand is on the rise as banks and other financial services are relying more and more on digital ID verification through selfies and videos to secure their automated services. The business has been tracking deep-fake services and have determined that detection software solutions are lagging behind these threats, only performing at 65.18 percent precision.

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DATA PROTECTION & PRIVACY

Virginia Set to Become Second State to Pass a Comprehensive Privacy Law

The Virginia Senate passed the Virginia Consumer Data Protection Act (CDPA) on February 3, which borrows from the California Consumer Privacy Act (CCPA) and the General Data Protection Regulation (GDPR) but differs in key respects. The key provisions of the CDPA involve applicability, exemptions, controller/ processer distinction, broad definition of personal data, inclusion of sensitive data category, individual rights, data protection assessments and enforcement.

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Wait a Minute – I Thought Employee Data was Deferred from the CPPA Until 2023. What Exactly Are Employers Supposed to Do Now?

Even though the California Public Records Act (CPRA) deferred a majority of the California Consumer Privacy Act’s (CCPA) employee-related substantive requirements until January 2023, employers are still required to provide employees with a notice of collection “at or before the point at which” the collection of information occurs. The following information must be collected: a list of the categories of per- sonal information that will be collected, the business or commercial purpose for which the information is being collected, information on how to opt out of the sale of personal information and information on how to find the company’s complete privacy notice. After Jan. 1, 2023, CPRA also requires the collection of whether that information is “sold or shared” and the “length of time” that the business in- tends to retain each category of personal information.

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Disclaimer: All information presented is for information purposes only and is not intended to provide professional or legal advice regarding actions to take in any situation. Nationwide Screening Services makes no representations for any products or services that are mentioned and accepts no responsibility for any actions or consequences taken without the guidance of a licensed attorney or professional consultant.

We’d like to hear from you! Please email us at info@nsshire.com

February Newsletter 2021

Message from the Editor:

Welcome to another edition of ‘Inside Background Screening’ our new newsletter. Our goal is to bring to you cutting edge news and information about what is happening in the background screening world to help keep you informed and to position you to make the best possible hiring decisions.

We hope you enjoy ‘Inside Background Screening’ and that you will share your interest and thoughts with us.

Lorenzo Lorenzo Pugliano CEO
Lpugliano@nsshire.com


EMPLOYMENT SCREENING

Ugly Attack on Congress: Employers Turn to Social Media Background Checks

Employers across the nation are taking a closer look at their employees following the January 6 attack on the Capitol building in Washington, D.C. Chicago-area data company Congensia terminated its CEO after they determined he participated in the riots and Maryland-based direct marketing company Navistar terminated one of their employees after he was photographed and his company ID was clearly displayed as he entered halls of congress. The list goes on. These individuals  have a right to their civil liberties and political preferences, but not when it turns into violence. Employers are finding it more important now than ever to check out prospective candidates and employees’ online activity, but they should be mindful of legislation like the Fair Credit Reporting Act (FCRA) and Equal Employment Opportunity Commission (EEOC). Nothing can replace the traditional background check, but reviewing online activity can help mitigate risk.
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NYC Adds Protections for Employees with Criminal Arrests or Convictions During Employment

The New York City Council has passed amendments to the city’s Fair Chance Act, adding new protections for employees with arrests or convictions during employment. The Fair Chance Act not only affects hiring decisions, but also protects employees convicted during employment. The amendments, effective July 28, 2021, also add new protections for employees with pending arrests or accusations of criminal wrongdoing. Employers must consider the “fair chance factors” to decide whether adverse action may be taken either because there was a direct relationship between the alleged wrongdoing and the job or employment would involve an unreasonable risk to property or people’s safety. Before an employer can take any adverse employment action against a current employee based on a criminal conviction or pending arrest, several factors must be considered.
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LEGAL ISSUES   

Negligent Hiring and Negligent Retention Claims Following a Truck Accident

When it comes to personal injury cases, the accident victim has just one chance to bring their claim – there are no second chances. In this type of law, liability is primarily based on the theory of negligence. A negligent hiring claim argues that an employer was negligent for hiring a truck driver because the employer should have known that the driver posed a risk to the public, while a negligent retention claim argues that the employer learned of the concerning information after the employee was hired. Either way, these claims argue that an employer’s negligence was, at least in part, responsible for an accident victim’s injuries, but in order to be successful, the following facts must be established: the person responsible for the accident victim’s injury was employed by the defendant employ- er; the employee was incompetent; the defendant employer knew of the employee’s incompetence; the employee’s negligence caused the accident victim’s injuries; and the employer’s negligence in hiring (or retaining) the employee was the proximate cause of the accident victim’s injuries.
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February Newsletter 2021

Maryland’s Montgomery County Amends, Expands Its ‘Ban-the-Box’ Law

An amendment has been made to Maryland’s Montgomery County ban-the-box legislation that increases restrictions on employers during the hiring process.

Effective February 19, 2021, employers with at least one employee (not limited to full-timers) may not require a job applicant to disclose (or ask a job applicant or others) whether the applicant has an arrest record or conviction record or has been accused of a crime, or conduct a criminal record check on the applicant before a conditional offer of employment, unless the employer is covered by an applicable exemption under the law. In addition, the Amendment provides that at no time can an employer require an applicant to disclose whether the applicant has been arrested, or has an arrest record, for a matter that did not result in a conviction. Other conditions also apply and, under the ordinance, employers (except the County) also are subject to civil penalties for violations of up to $1,000 for each violation.
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DRUG SCREENING         

New Jersey’s Legalization of Recreational Cannabis Use Includes Critical Employee Protections, But Leaves Many Questions Unanswered

The New Jersey Legislature has passed the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (NJCREAMMA), removing marijuana as a Schedule 1 drug and legalizing personal use of cannabis for adults over the age of 21. The state is the first to explicitly protect employees who engage in off-work marijuana use from adverse employment action taken on the basis of that use, and to limit an employer’s ability to act on the basis of a positive marijuana test after employment has started. The existing New Jersey Compassionate Use Medical Marijuana Act (CUMMA) requires employers to engage in an interactive process to reasonably accommodate a qualiying employee’s use of medical cannabis off-site and off-hours. Under the new legislation, employers can no longer take adverse action against an employee solely because an individual has used, or not used, a cannabis product off duty, regardless of whether such use is medically prescribed or recreational. Although regulations and guidance are still anticipated, employers are advised to update their drug use and testing policies to account for the new protections.
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February Newsletter 2021

Pennsylvania Medical Marijuana User May Proceed With Disability Discrimination and Retaliation Claims

An employee was terminated after testing positive for marijuana on a return-to-duty drug test. Although she had a medical marijuana card, it was expired at the time she tested positive. The card was renewed and a doctor’s note was provided. A federal court in Pennsylvania overseeing Hudnell v. Jefferson University Hospitals, Inc., held that the medical marijuana user’s claims for disability discrimination and retaliation were sufficiently alleged to survive the employer’s motion to dismiss.

The case highlights the fact that there is a fine line when it comes to reasonable requests and when it comes to medical marijuana use, employers may face disability discrimination and retaliation claims.
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Atlanta Mayor Suspends Pre-Employment Physical Exams, Drug Screenings, For Non-Safety Sensitive Jobs

Atlanta Mayor Keisha Lance Bottoms has issued an Executive Order suspending pre-employment physical examinations and drug screening requirements for prospective City employees in non-safety sensitive positions. The Order, which is designed to address systemic discrimination against communities of color that are disproportionately affected by underlying health conditions, also grants the Commissioner of the Department of Human Resources the authority to administratively establish requirements for pre-employment physical examinations and drug testing for safety sensitive positions. The Commissioner also may designate certain employment classifications, which affect safety and/or security as safety sensitive positions.
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Construction Industry’s Emerging Best Practices for Navigating the Haze of Marijuana Legalization

With marijuana medically legal in 34 states and two territories and for recreational use in 15 states, Washington, D.C., and two territories, the construction industry has been left with plenty of questions about how to maintain a workplace that is safe for all workers. Best practices have emerged in several categories, including employment policies and procedures, safety sensitive position designations, dealing with medical marijuana in the workplace, and drug testing for marijuana in the workplace. A few noteworthy ones? Treat marijuana the same as alcohol or prescription drugs when not working under a federal contract and when in a state that has legalized marijuana; designate safety sensitive positions in writing and make sure that job descriptions reflect how impairment would pose a safety risk; be aware of states who are or will be legalizing medical and recreational use of marijuana in the future; and know that drug tests are not yet a reliable source to establish whether an employee is under the influence of marijuana.
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BIOMETRIC ISSUES

FTC Declares Facial Recognition Surveillance Tech Dangerous, Warns Against Federal Privacy Pre-Emption

The United States Federal Trade Commission (FTC) has issued a proposed settlement with Paravision, which Law Street reports to be its first focused on misuse of the biometric technology, and taking a position against federal privacy laws pre-empting existing state legislation. According to a tweet posted by FTC Commissioner Rohit Chopra, “today’s facial recognition surveillance technologies are discriminatory and dangerous” and his statement about the complaint against Paravision says its use of photos uploaded to the Ever app to train its face biometric algorithms says lobbyists in Washington are attempting “to delete state data protection laws.” The FTC has ordered Paravision to “delete the facial recognition technologies enhanced by any improperly obtained photos,” as well as all photos and videos of Ever users who deactivated their accounts.
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February Newsletter 2021

Facial Recognition and Other Biometrics Targeted in Data Privacy Legislation, But What Will Feds Do?

A new bill, The Washington Privacy Act (SB5062), which was sent to the state’s senate, addresses geolocation data and certain biographic characteristics, as well as the use of biometrics for ad targeting. The new bill places enforcement of the privacy measures with the state attorney general and also directs the state priva- cy office and attorney general to consider requiring companies to honor online opt

-out requests submitted through web browsers. A similar ordinance was present- ed by Minneapolis police that would ban the use of facial recognition by Minneap- olis Police, but not outside law enforcement agencies operating in the city and in Utah, a senate committee unanimously approved a bill to regulate law enforce- ment use of facial recognition. There is disagreement between Republicans and Democrats on whether national data privacy legislation should pre-empt state laws, but this may not prevent the passage of new laws with the latter in control of all three legislative branches of the government.
 Read more

FTC Requires App Developer to Obtain Users’ Express Consent for Use of Facial Recognition

Everalbum, developer of the photo storage application Ever, has agreed to a Fed- eral Trade Commission (FTC) settlement that will require the business to 1. Ob- tain users’ express consent before using facial recognition technology on users’ photos and videos, 2. Delete or destroy all facial recognition data collected from users who have not provided consent, 3. Delete and destroy the photos and vide- os of deactivated accounts and 4. Delete models and algorithms that it developed using the photos and videos uploaded by users. Andrew Smith, Director of the FTC Bureau of Consumer Protection, stated that the FTC ensures that “companies keep their promises to customers about how they use and handle biometric data,” making it “a high priority for the FTC.”
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DATA PROTECTION & PRIVACY    

California Privacy Rights Act Passes: Five Tips to Help Companies Prepare for California’s New, New Thing!

Although the California Privacy Rights Act (CPRA) does not repeal the California Consumer Privacy Act (CCPA), it does change and augment it in several ways. The good news is, the CPRA doesn’t take effect until January 1, 2023, and the threshold has been raised to favor small-medium businesses, time has been ex- tended for employee and business-to-business information, and the CPRA still limits its private right of action for claims related to data breaches only. Employers are advised to: reassess the organization’s data sharing and marketing strategies in light of the CPRA’s changed definitions regarding data “sales” and “sharing;” inventory and rationalize “sensitive personal information” collected by the organization to meet new standards; prepare for additional and expanded data subject rights; and prepare to welcome new policymakers and enforcers.
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February Newsletter 2021

Disclaimer: All information presented is for information purposes only and is not intended to provide professional or legal advice regarding actions to take in any situation. Nationwide Screening Services makes no representations for any products or services that are mentioned and accepts no responsibility for any actions or consequences taken without the guidance of a licensed attorney or professional consultant.

We’d like to hear from you! Please email us at info@nsshire.com