SB 909 Wright

This bill requires a person who procures or causes to be prepared an investigative consumer report for employment purposes to provide the consumer with the investigative consumer reporting agency’s Internet Web site address or telephone number so the consumer may find additional information about the agency’s privacy practices. An investigative consumer reporting agency will be required to conspicuously post on its primary Internet Web site information describing its privacy practices with respect to its preparation and processing of investigative consumer reports, or, if it does not have an Internet Web site, to mail a written copy of the privacy statement to consumers upon request. An investigative consumer reporting agency will be liable to a consumer who is harmed by any unauthorized access of the consumer’s personally identifiable information, act, or omission that occurs outside the United States or its territories.

As a practical matter, employers who procure background checks will need to review and revise their disclosure and authorization forms consistent with this law. While many employers already include the name and telephone contact information for the background screening company procuring the report, the new law requires that employers at least provide the background screening company’s telephone number and/or website to the consumer.

Amends Sections 1786.16 and 1786.20 of the Civil Code.

Approved by the Governor and Chaptered by the Secretary of State on 09/29/10. Chapter 481 of the Statutes of 2010.