Monday, October 10, 2011

Social Networking Background Investigation Process: Beware

Employers' use of the company Social Intelligence to "scrape" the Internet -- particularly social networking sites -- for background information on jobseekers has raised alarm bells with government regulators. Recently, the Federal Trade Commission reviewed the firm's operating practices, which include innovative "deep search" mechanisms, and concluded that it is in compliance with the Fair Credit Reporting Act, which generally prohibits reporting agencies from investigating job applicants without their permission. The law also requires that jobseekers be given a chance to respond to disputed information. Despite the alleged search mechanisms that are not invasive, Democratic Sens. Richard Blumenthal of Connecticut and Al Franken of Minnesota, both congressional privacy advocates, recently sent the firm a letter demanding to know how it collects and distributes its information. The interesting part of the law is that it only focused on the use of the information but not the gathering or potential illegal gathering of said information. The senators want to know if websites' "terms of service" are being violated to harvest background information and if "inappropriate" information is being fed to employers about jobseekers.
Has your company reviewed its process for Social Networking Background Investigations? Visit us at www.allianceinvestigative.com for more information to ensure that you are compliant and not in violation of any of the laws/regulations surrounding this new practice.