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The Transparency Gap: A Challenge for Court Data Providers in the Screening Industry

June 23, 2025 posted by Steve Brownstein

The Transparency Gap: A Challenge for Court Data Providers in the Screening Industry

Court data providers play a critical role in the background screening ecosystem, delivering timely, accurate, and jurisdiction-specific criminal record information that underpins hiring decisions across industries. Yet, while screening companies consistently demand full transparency from their court data providers, they rarely offer the same in return.

Providers are expected to disclose:

• The precise method of data collection (e.g., direct court access, clerk assistance, online portals)

• Turnaround times, including reasons for any delays

• Jurisdictional coverage limitations or access barriers

• Verification protocols and update frequency

These requirements are justified as necessary to ensure compliance with legal and regulatory standards such as the Fair Credit Reporting Act (FCRA), and to maintain defensibility in audits or disputes. However, once the data is delivered, the flow of information often stops.

Most court data providers are not informed about:

• How their data is interpreted, modified, or filtered by the screening firm

• Whether the records are used in consumer reporting or internal adjudication systems

• Which end-client is receiving the results

• Whether the provider’s data contributed to a dispute or adverse hiring decision

This lack of reciprocity creates a structural imbalance. While providers are held to strict quality and reporting standards, screening firms shield themselves behind layers of client confidentiality and proprietary processes. This asymmetry not only erodes trust but also makes it more difficult for providers to improve service quality, resolve disputes efficiently, or understand the downstream impact of their work.

For court data providers, the call for greater transparency is not about gaining access to sensitive client data — it's about establishing a more balanced, collaborative relationship. Mutual transparency would strengthen accountability, reduce errors, and ultimately benefit the integrity of the entire background screening industry.