FCRA – Two Kinds of Public Records Can be used ONLY for FCRA purposes Consumer screening Employment screening Residential tenant screening Usually requires permission from consumer Example: consumer credit report Record of inquiry is made Consumer right to review and dispute content FCRA-Compliant data vs. Non-FCRA data Can be used ONLY for NON-FCRA purposes Background legal research Litigation Due Diligence No permission from consumer required No consumer right to review or dispute record 15 USCA 1681 et seq.
Plaintiff’s attorney needed background on defendant in relation to malpractice suit. Accessed Defendant’s credit report but did not have FCRA purpose. Fined $1500 actual and $15,000 punitive damages. Attorney should have used non-FCRA public records. Use the right kind of public records for the research purpose.
GLBA - GRAMM LEACH BLILEY ACT Passed in 1999: Protection for consumer financial data gathered by financial institutions on its customers. 15 U.S.C. 6801 et seq Impact of GLBA: credit header databases Requires permissible use to access GLBA-protected data
DPPA – Driver’s Privacy Protection Act Began with the stalking murder of Rebecca Shaffer - Information obtained by stalker from the California Bureau of Motor Vehicles. DPPA enacted in 1994. 18 U.S.C. 2721 et seq. States enacted additional DPPA protections.
Yes Do NOT use the database No Do you want information for an FCRA purpose? Yes Use an FCRA- Compliant Database Do you have a permissible use for the data? Does the database have permissible use selections? No Use a NON-FCRA Database Search data No Yes