Personal Identifiable Information (PII) Protocol Updates

Tightening access and privacy on personal identifiable information (PII) is always top of mind in the screening industry. In response to the national trend to increase PII privacy, adjustments are being made, implementing stricter PII protocols for their courthouses. Some are already in effect, and others start in January 2022. Learn what states are impacted and how this affects the screening industry.

Where will you find policy changes?

In September of 2021, California began redacting date of birth PII from their public access terminals in the courthouses. It is essential to know that this information is still on the hard copy court file. As for the online court records accessible to the public, those records have date of birth PII removed. 

Note: This rule is not new to California; it is now being complied with by the courts within the state.

In addition to California, Michigan will begin redacting the consumer’s date of birth from court records beginning January 2022. While the entire state is scheduled to redact the date of birth on records by January 2022, some Michigan counties have already started implementing this change.

How does this impact the screening industry?

With states redacting PII, this will cause inevitable delays and the potential for additional paperwork. The Fair Credit Report Act (FCRA) requires consumer reporting agencies to have more identifiers than just a name; this will add more time to reports when researching possible records in those states.

Suppose the court allows additional research to be conducted. In that case, this is usually completed by a record researcher with boots on the ground, meaning a physical person is going into the courthouse to request the records physically, causing a ripple effect of extended delays. Some cases in the court may require a signed release from the consumer.

Note: One Source will always communicate what is necessary from our clients to complete a search.

If you are interested in learning more about this ever-changing landscape, here are a few links to discussions within the industry.

• Read about the Michigan redaction from the Professional Background Screening Association (PBSA) here.
• Read about the California redaction from the Professional Background Screening Association (PBSA) here.
• Listen to industry-recognized professional and host of the Background Check Radio, Kevin Bachman’s podcast here.

We are unsure if other states or municipalities will follow suit. Stay connected to One Source to stay up to date on the screening industry dynamic.