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The FTC Warns - Use Adverse Social Media Searches Carefully
The FTC staff looked at a company selling background reports that include information from social media to see if they were complying with FCRA. The FTC staff’s letter (from 2011) to the company emphasized that when reports include information derived from social media, the same rules apply. For example, companies selling background reports must take reasonable steps to ensure the maximum possible accuracy of what’s reported from social networks and that it relates to the correct person. They have to comply with other FCRA sections, too — like providing copies of reports to people and having a process in place if people dispute what’s said about them in a report. In addition, companies must give employers who use their reports information about employers’ responsibilities under FCRA — like their obligation to provide employees or applicants with advance notice of any adverse action taken on the basis of the reports.
Another key requirement: Companies selling background reports for employment must require that employers certify the report won’t be used in a way that would violate federal or state equal employment opportunity laws or regulations.
Of course, given the sensitive nature of the information in reports, everyone — companies selling the reports and employers using them — has a legal obligation to keep them secure and dispose of them properly.
It looks as if these tips are still relevant today.
The letter is posted below
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