The background investigator september 2013 edition

Volume 13 Number 9 September 2013

PRSRT STD U.S. POSTAGE PAID PERMIT NO. 164

MORTONGROVE, IL

From Humble Beginnings To More Than 700 Strong The Start Of NAPBS

By Les Rosen

A frequently asked question is how the National Association of Professional Background Screeners (NAPBS®) got started.

“NAPBS began through the efforts of many people. Steven Brownstein, the editor of The Background Investigator (a newspaper devoted to the screening industry), held the nation’s first screening industry conferences.

At a conference in Long Beach, CA in April, 2002, Brownstein encouraged the attendees to think in terms of a national association in order to promote and protect the screening industry.

Then in November, 2002, Brownstein and The Background Investigator sponsored a large national conference in Tampa, Florida, the first NAPBS conference.

Full Article on Page 2

First Pre-employment Screening Conference Long Beach, CA Photograph by Steven Brownstein Steven Brownstein “On the road”

providing its members with the information and resources needed to succeed in this growing field. I asked Larry Lambeth, A frequently asked quesChairman of the NAPBS, tion is how the National Association of Professional to discuss how the organization was formed: Background Screeners (NAPBS®) got started.

“NAPBS began through Here is an excellent expert the efforts of many people. from a blog dated Jun-42008 that recounts that his- Steve Brownstein, the editor of The Background Intory at http:// www.zimbio.com/member/ vestigator (a newspaper devoted to the screening brettcarlson/ industry), held the nation’s articles/1544647/ Great+Association+Backgr first screening industry conferences. At a conferound+Screeners ence in Long Beach, CA in Background investigations April, 2002, Brownstein encouraged the attendees to are one of the most indemand services provided think in terms of a national association in order to proby private investigators. mote and protect the From pre-employment screening, to tenant checks, screening industry. In Noto corporate due diligence vember, 2002, Brownstein investigations, the need for and The Background Invescomprehensive background tigator sponsored a large screening grows every day. national conference in This field can be a very lu- Tampa, Florida, attended crative opportunity for pri- by over 175 screening professionals. At this meeting vate detectives to build their businesses. However, there was widespread supunfamiliarity with the many port for the formation of an laws and regulations in this association. A steering committee was formed to area can also lead to catastrophy. It is essential act as an interim board to for the PI interested in this start a background screenline of work to fully under- ing association The memstand these issues and hold bers of the interim board were: himself to a high professional standard.

Les Rosen, Chairperson Luckily, the National As- Sandra Burns Michael Sankey sociation of Professional Bill Brudenell Background Screeners is here to help. This organiza- Charlotte O’Neill Mike Cool tion is at the forefront of Jack Wallace the screening industry,

History Of The NAPBS

The interim board, along with other interested members of the screening industry, met in Arizona in January, 2003 and again in Washington D.C. in April, 2003 to form the association. The interim Membership and Ethics committee met in Dallas, Texas in the Spring of 2003. In order to provide seed money for the group, in early 2003 a number of screening firms stepped forward and generously donated the necessary funds to launch the association and to retain the services of a professional management firm, IMI Association Executives. A membership drive was held in the last half of 2003, resulting in over 200 members. Firms that joined before the first election were entitled to use the phrase “Founding Members” with the NAPBS logo.

which offers "100 per cent first made the news, fake legal, accredited and origi- academic certificates are still easily available. nal" degrees with "no exams" and "no coursework".

Just last month, following For US$199, you can get a crackdown by the Minisyourself a bachelor's degree try of Manpower, 25 foreigners from Myanmar, Infrom one of the "top universities around the world". dia and the Philippines were charged in court for lying to obtain S Passes or Top up another US$26 forging certificates. and you have yourself a doctorate.

Twenty were jailed for After signing up for a de- four weeks and the rest served 20 days' jail each as gree on the website, The New Paper was e-mailed by they were unable to pay Belltown University, pur- court fines of $5,000. portedly an online university. The "university" has its In January, a Singaporean own website that looks gen- was jailed a year for using fake degrees and forged uine and has a toll-free testimonials to get jobs in number listed. the human resource indusBut an Internet search of try. the faculty members reIn an attempt to guard vealed an identical list of faculty members on another themselves against this online university's website. trend, employers are asking recruitment firms to do NAPBS began its first full Responding to queries checks on degrees. year of operations with an from The New Paper, MOE Download elected Board of Directors clarified that it was not asThe Background Investigator in 2004. On March 29-30, sociated with the website Current Edition (and archive, too!)

2004, more than 225 indi- and company. But it www.thebackgroundinvestigator.com viduals representing over prompted the ministry to 175 companies converged alert the public about such on Scottsdale, AZ for the fake degree mills. inaugural Annual Conference of the National AssoIn a post on its Facebook ciation of Professional page on Wednesday, MOE Background Screeners. We said: "It has come to our have close to 700 members attention that the MOE logo in 16 countries now. ” is being used without authorisation by ads on FaceESR was pleased that its book that claim to offer depresident, Les Rosen, was grees approved by MOE." voted to be on the first board of directors and seAuthenticity The ministry lected as the first co-chair also urged the public to of NAPBS. check the authenticity of the degrees offered.

Graduation Is Just A Click Away No classes, no hassle, the advertisement on Facebook promised. And all for a fee of just US$199 (S$253).

More than a decade after degree fraud in Singapore

Meet Steven Brownstein On LinkedIn

PUBLISHER Steven Brownstein

CONTRIBUTORS: Mike Sankey, Les Rosen, Dennis Brownstein, Derek Hinton, Jamie Brownstein, Michael Brownstein

COVER PHOTOGRAPH:

1st Pre-Employment Screening Conference

COVER PHOTOGRAPHER:

Though affixed with the Singapore Ministry of Education's (MOE) logo, the Facebook ad leads to an external website called Global Accredited Degrees,

Steven Brownstein

PURPOSE: “Dedicated to pre-employment screenings everywhere” The Background Investigator is published by Steven Brownstein, LLC, PMB 1007, Box 10001, Saipan, MP 96950. Phone: 670-256-7000. Copyright 2013 by Steven Brownstein. Some material in this publication must not be reproduced by any method without the written permission of the copyright holder.

Reprinted from The Background Investigator June 2002 Volume 2 Number 6 Edition

Reprinted from The Background Investigator First Pre-employment Screening Conference Article

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The Public Record Update A Service from BRB Publications, Inc.

There is a lot of misinformation around about public record searching. How many of the following six statements about public record searching do you believe to be true?

•It’s all free online. Why should I have to pay for it?

•I can find all the information I need using Google.

•To find criminal records, all I need to do is use a national database.

•I do background checks for employers, but I am not a consumer reporting agency because I don’t provide credit reports.

•I can do all my public record searching with my membership web account that gives me access to 35,000+ databases of public records.

•Certain records may be open to the public in one state, but in another state they are not open.

The reality is that only the last statement is true. The first five statements above represent common myths thought to be true by individuals who are looking for the easy way to find public records. If you are someone who practices due diligence when using public records for decisionmaking and know the first five statements are false, you are already a step ahead.

—————————————— New Redaction Law - Illinois Civil Case Documents Effective July 1, 2013, personal identify information will not be allowed in documents or exhibits filed for proceedings in Illinois civil court cases. Per Supreme Court Rule 138, Personal Identity Information is defined as following: •Birth Dates •Social Security numbers •Mother's maiden names •Driver's license numbers •Financial account numbers •Debit and credit card numbers The key piece element to those using public records in their normal course of business is the redaction of birth dates. Without even a partial DOB to use as a match, it will be a struggle to properly identify a person and avoid a false-positive. But this element is quite common in civil records.

The rule also states: "A court may order other types of information redacted or filed confidentially, consistent with the purpose and procedures of this rule."

If a document is filed with personal information, the person whose personal identity is affected may move that the court redact the information. If granted, the court will still have a sealed copy of the unredacted document.

A copy of Rule 138 is found at: www.state.il.us/court/supremecourt/Rules/Art_II/ArtII

We welcome your comments and observations about The Public Record Update Please address your comments to Michael Sankey at mike@brbpublications.com Making copies of any part of the Public Record Update© for any purpose other than your own personal use is prohibited unless written authorization is obtained from BRB Publications. Phone - 480-829-7475 Public Record Retriever Network - www.prrn.us The CRA Help Desk - www.CRAHelpDesk.com BRB's Free Public Record Resource Center - www.brbpublications.com/pubrecsites.asp Motor Vehicle Record Decoder - www.mvrdecoder.com BRB's Public Record Blog - www.publicrecordsblog.net BRB's Bookstore - www.brbpublications.com/books BRB's Public Record Blog - www.publicrecordsblog.net

Les Rosen’s Corner A monthly column

By Lester Rosen, Attorney at Law

Falsified Background Checks Show Importance of Accreditation Standards for Private Screening Firms In a story demonstrating the importance of accreditation standards for private background screening firms, the Federal Times reports that the U.S. Office of Personnel Management (OPM) – which oversees background investigations for the government – is investigating a growing list of cases involving the alleged falsifying of security clearance background checks while a “consistent backlog” of similar cases awaits investigation. The complete story is available on the Federal Times website at http:// www.federaltimes.com/ article/20130707/ ACQUISITION03/307070009/ Backlog-bogus-background -checks-grows.

The Federal Times reports “at least 19 background investigators or researchers” have plead guilty to, or face sentencing for, falsifying background checks since 2008. OPM’s Inspector General Patrick McFarland told lawmakers he is work-

tunity Commission (EEOC) challenge the employers’ believes that criminal back- decisions to conduct background checks are “racist.” ground checks. They instead challenge screening processes that have a disThis claim is wrong. proportionate impact on African Americans and that Neither Title VII of the EEOC Chair the commission believes Civil Rights Act of 1964 Says Criminal nor the EEOC prohibit em- are not job related and consistent with business necesployers from conducting Background sity. Finally, both the upbackground checks. EmChecks by ployers are also free to use dated EEOC guidance on In a related story reported Employers Not background checks in mak- employers’ consideration of on ESR News, the private ing employment decisions, arrest and conviction reccontractor that conducted a Banned subject to the express long- ords and approval to file security clearance backstanding, well-established these cases received biparground check on Edward tisan support in the comrequirement of Title VII In a letter to the Wall Snowden in 2011 that gave Street Journal responding that, where they do use mission. him access to classified to the June 15, 2013 article such information and it has documents from the Naa disparate impact against a Jacqueline A. Berrien ‘Banning Background tional Security Agency protected group, it must be Chair U.S. Equal EmployChecks,’ Jacqueline A. ment Opportunity Commis(NSA) that he later leaked Berrien, Chair of the U.S. related to the job in questo the media is under inves- Equal Employment Oppor- tion and consistent with sion Washington tigation by the federal gov- tunity Commission business necessity. ing on nine similar cases and has a backlog of 36 cases awaiting investigation due to a lack of resources.

According to the Federal Times, the government has spent more than $1.5 million to reopen falsified investigations to ensure applicants deservedly received clearances.

standards as well as a list of accredited screening firms is available on the NAPBS website at http:// www.napbs.com/.

ernment for allegedly conducting inadequate background checks. OMG Inspector General McFarland told a Senate panel “there may be some problems” with Snowden’s background check.

(EEOC), denied the article’s suggestion that the EEOC believes criminal background checks by employers are “racist” and that the agency wants to ban the practice. The letter to the Wall Street Journal from Chair Berrien is available at http://online.wsj.com/ article/ SB10001424127887323893 504578555722405188406. html.

Falsified background checks show the importance of accreditation standards for private screening firms. In 2010, the National Association of Professional Background Screeners (NAPBS®) launched the Background Screening Agency Accreditation Program (BSAAP) to promote best practices, consumer protection, and legal compliance. The Background Screening Credentialing Council (BSCC) oversees the accreditation process to ensure screening firms that apply meet measurable standards of competence.

To become NAPBS accredited, background screening organizations must pass a rigorous onsite audit conducted by an independent auditing firm that examines policies and procedures related to six critical areas of screening: Consumer Protection, Legal Compliance, Client Education, Product Standards, Service Standards, and General Business Practices.

A copy of the accreditation

The letter from EEOC Chair Berrien titled ‘We Don’t Ban Background Checks’ reads as follows: Your editorial ‘Banning

The EEOC’s position in these cases is neither unprecedented nor novel. In 1987, under then-Chairman Clarence Thomas, during the Reagan administration, the EEOC issued guidance to employers that use background checks about how to do so lawfully in accordance with Title VII. Guidance on the subject was also issued in 1990 under Chairman Evan Kemp, during the George H.W. Bush administration. Last year, the commission updated the guidance; however, it by no means marks a sea change in EEOC practice or policy.

Background Checks’ (June 15) suggests that the U.S. Our lawsuits against BMW Equal Employment Oppor- and Dollar General do not

access information to personal social media accounts. Under the law – which takes effect October 1, 2013 – employers cannot fire, discipline, discriminate against, or fail to hire or promote, employees or prospective employees who Legislation has been introrefuse, decline, or fail to duced or is pending in at provide social media inforleast 36 states so far in mation. Nevada A.B. 181 is 2013 to prevent employers available at http:// from requesting usernames www.leg.state.nv.us/ and passwords to social Session/77th2013/Bills/AB/ media websites and personAB181_EN.pdf. al Internet accounts of employees and job applicants, Oregon House Bill 2654: according the National Signed into law by Oregon Conference of State LegisGovernor John Kitzhaber latures (NCSL). Eight on May 22, 2013, HB 2654 states – Arkansas, Colora– which becomes effective do, Nevada, New Mexico, January 1, 2014 – makes it Oregon, Utah, Vermont, an unlawful for employers and Washington – have ento force employees or job acted such legislation in applicants to provide access 2013. A current list of all to their personal protected social media password prisocial media accounts. Emvacy legislation is available ployers also cannot gain at http://www.ncsl.org/ access to social media sites issues-research/telecom/ by requiring employees or employer-access-to-socialapplicants to “friend” them media-passwordson their social media ac2013.aspx. counts or compel employees to access a personal soIn most cases, “social mecial media account in the dia” is broadly defined unpresence of the employer. der these laws to include Oregon HB 2654 is availaemail accounts, videos, ble at http:// photographs, blogs, podlandru.leg.state.or.us/13reg/ casts, instant messages, measures/hb2600.dir/ electronic mail (e-mail), hb2654.intro.html.

Internet website profiles, and standard social media Washington Senate Bill websites such as Facebook, 5211: Signed into law by Twitter, and LinkedIn. Washington Governor Most of the laws also inInslee on May 21, 2013, clude exceptions when S.B. 5211 prohibits empasswords are necessary to ployers from accessing socomply with a state or fedcial networking accounts of eral law or regulation or to employees and applicants access the employer’s own through: requiring disclointernal computer or inforsure of log-in information; mation system. The followasking for access to the acing states have passed socount in (i.e. shoulder surfcial media password privaing); requiring the accy legislation involving ceptance of a “friend” reemployer access in recent quest from the employer; months: requiring a change in privacy settings to make the acNevada Assembly Bill count accessible to the em181: Approved by Nevada ployer; and using log-in Governor Brian Sandoval credentials inadvertently on June 13, 2013, A.B. 181 obtained through the emmakes it illegal for a Nevaployer’s monitoring of corda employer to require, reporate electronic resources. quest, or suggest that an The bill takes effect on July employee or a prospective 28, 2013. Washington Senemployee disclose the user ate Bill 5211 is available at name, password, or other http://apps.leg.wa.gov/

Social Media Password Privacy Laws Recently Passed In Several States

billinfo/summary.aspx? bill=5211.

Colorado House Bill 131046: Approved by Colorado Governor John W. Hickenlooper on May 11, 2013, H.B. 13-1046 prohibits employers from suggesting, requesting, or requiring employees or applicants to disclose their user name, password, or access information to “personal electronic communications device.”

Employers also cannot compel employees or applicants to add anyone to their list of social media contacts or cause

employees or applicants to change their privacy settings associated with a social networking account.

The bill took effect upon signing. Colorado H.B. 131046 is available at http:// openstates.org/co/ bills/2013A/HB13-1046/.

usernames or passwords for a social media accounts; adding anyone to the list of social media contacts; or changing privacy settings of social media accounts.

Employers many not threaten to discharge, discipline, or otherwise penalize current employees or fail or Arkansas House Bill refuse to hire prospective 1901: Signed by Arkansas employees for exercising Governor Mike Beebe on their rights under the new April 22, 2013, H.B. 1901 law. Arkansas H.B. 1901 is prohibits an employer from available at http:// requiring, requesting, sug- openstates.org/ar/ gesting, or causing a curbills/2013/HB1901/. rent or prospective employee from: disclosing

Dennis Brownstein’s Extreme Court News

http://extremecourtnews.blogspot.com/

time, a series of unfortunate incidents have befallen the supreme court justices or their families, including serious illnesses and car accidents.

Fired Judge Blames Elf For Court Mishaps The Philippines Supreme Court has asked a fired judge who claims he is assisted by three elves to stop making threats of “ungodly reprisal.”

The court kicked Florentino Floro Jr. off the bench largely because of his belief in the supernatural, the Wall Street Journal reports (sub. req.). A medical clinic determined that the judge was suffering from psychosis.

Floro says the person to blame for the mishaps is one of the elves, "Luis," a "king of kings" who is an avenger. He told the newspaper that the elves help him predict the future, but he has never consulted them when issuing judicial decisions.

The Supreme Court has not reversed any of Floro’s decisions since firing him.

Judge Holds Himself In Contempt Judge Raymond Voet in Ionia County, Michigan, has a simple courtroom rule: any device that goes off in court earns the owner a contempt citation.

Rules like this cut down on disruptions and engender a reverence for the courts that is often lacking.

Since then Floro has battled to get his job back, apJudge Vote takes his rule pearing on TV and winning so seriously that he applied converts who seek his heal- it to himself when his ing powers. At the same phone went off.

Chicago court that Chicago’ researchers do not know about.

This can be very costly for you as files are sometimes kept at this location.

Rockefeller IV, a West Virginia Democrat and chairThe data from the lines, man of the Senate Comwhich have a nearly 80 per- merce Committee. In recent combined market sponse to the posted data, share, detail the number of Mr. Rockefeller said in a Three major cruise lines suspicious deaths or homi- statement, “It’s notable to have posted on their Web cides, assaults, rapes, kid- see they’re trying, by volsites the number of serious napping and thefts greater untarily posting some crime crimes reported on their than $10,000 reported by data online, but serious ships, the first public airing passengers or crew. The gaps still remain in the inof such statistics. The lines, numbers suggest a low formation they’re making Royal Caribbean Cruises, crime rate: there were no available.” He added, “I’m Carnival Corporation and homicides on the lines this convinced the only way Norwegian Cruise Line, year, for example. we’re going to make a released the figures in the meaningful difference for wake of a Senate bill that The proposed law that consumers is by taking legwould require all cruise prompted the change was islative action.” lines that use American introduced by Sen. John D. ports to report crime fig-

Cruise Lines Report Crime Statistics

ures.

and Oakland — were among the 10 worst cities in the nation for both violent crime and property crime. In some of the most dangerous cities, specific types of property crime were especially common. number of reFBI Preliminary ported■The Flint and Cleveland had motor vehicle thefts among the highest burglary 2012 Crime grew by 10.6 percent in the rates, while Oakland, DeWest while showing deStatistics troit and St. Louis had clines in the Northeast among the highest rates of (down 7.9 percent), the vehicle theft.

The new preliminary UniMidwest (down 3.1 perform Crime Reporting cent), and the South (down The economies of many of (UCR) statistics for 2012 2.9 percent). the most dangerous cities indicate that when com■The number of arson incihave been in bad shape for pared to data for 2011, the dents—tallied separately years, in some cases long number of violent crimes from other property crimes before the Great Recession. reported by law enforcebecause of various levels of The populations of many of ment agencies around the participation by reporting the most dangerous cities country increased 1.2 peragencies—fell 1.2 percent. declined, leaving behind cent during 2012, while the highly impoverished urban number of property crimes centers. The loss of ecodecreased 0.8 percent.

The Most nomic diversity, explained Among the highlights of Dangerous Cities John Roman, senior fellow at the Urban institute, only the preliminary report: In America serves to exacerbate crime in cities like Detroit, Flint, ■Overall, when compared After falling for five conCleveland and St. Louis. to 2011 figures, the West secutive years, the number experienced the largest inof violent crimes across the In fact, all the 10 most crease in reported violent United States rose by 1.2% dangerous cities had povcrime (up 3.3 percent), and in 2012. Based on data puberty rates above the nationthe Northeast experienced lished by the Federal Bual rate of 15.9% in 2011. In the only decrease (down reau of Investigation (FBI), half of these cities, more 0.6 percent). the increase was even than 30% of the population ■The Northeast was the greater in some of Amerilived in poverty. Detroit only part of the country ca’s largest cities. In 2012, and Flint had poverty rates where the four violent for the third year in a row, crime categories saw deFlint, Michigan had the creases across the board— highest violent crime rate in murder (down 4.4 percent), the country. forcible rapes (down 0.2 percent), robberies (down According to the FBI, vio1.4 percent), and aggravatlent crime includes murder, ed assaults (down 0.1 pernonnegligent manslaughter, cent). rape, robbery and aggravat■The largest rise in reported assault. In some cases, ed violent crime (up 3.7 the cities with the highest percent) was in cities with violent crime rate, includpopulations of 500,000ing Flint and Oakland, had 999,999. high rates in all four cate■The West experienced the gories. However, most of only increase in reported the most violent cities tend property crime (up 5.2 perto do very poorly only in a cent), while the number of few categories. property crimes dropped 1.6 percent in the NorthCrime in these cities is east, 2.1 percent in the typically not limited to just Midwest, and 3.5 percent in violent crime. Three cities the South.

— Birmingham, St. Louis

80%. of more than 40%. “It is very clear that poverty in particular is associated with On its website, the FBI instructs readers to avoid higher crime rates,” excomparing city violence plained Roman. because rankings tend to be However, the relationship simplistic and ignore facbetween the two is less cer- tors that influence crime, as tain. It is “very difficult to well as the different ways crimes are measured and say whether crime makes reported. For this reason, places poorer, or poverty Roman cautioned against causes more crime,” Rodirectly comparing cities man noted. based on their individual In many of the nation’s crime rates. However, bemost dangerous cities, un- cause the cities with the highest and lowest violent employment is also extremely high. Seven of the crime rates have remained consistent for many years, 10 cities with the highest levels of violent crime had he believes comparing city unemployment rates above ranks was useful.

10% in 2012, much higher than the national unemployment rate of 8.1% that Here are your top 5 year. In two cities, Detroit most dangerous and Stockton, the unemcities: ployment rate was more than 18% last year.

Low educational attainment also goes hand-inhand with high crime rates.

In all of the 10 most dangerous cities, the percentage of adults with a high school diploma was below the 86% national average.

In five of these metro areas, the percentage of adults with a diploma was below

5. Memphis 4. St. Louis 3. Oakland 2. Detroit 1. Flint

A Look At Crime Derek Hinton “In My Opinion” Statistics For Flint—The Most Dangerous City In America 1. Flint, Mich. > Violent crimes per 100,000: 2,729.5 > Population: 101,632 > 2012 murders: 63 > Poverty rate: 40.6% > Percentage of adults with high school degree: 82.9% State Attorneys General from West Virginia, AlaWith a staggering 2,729.5 bama, Colorado, Georgia, violent crimes per 100,000 Kansas, Montana, Nebraska South Carolina and Utah residents, no city had a have sent a co-signed letter higher violent crime rate than Flint. The city of just to the EEOC urging the 101,632 people had 63 total EEOC to reconsider and murders and 1,930 aggra- dismiss the lawsuits filed against Dollar General and vated assaults, both the highest relative to the city’s BMW. population. Flint also had nationwide highs in burgla- The lawsuits filed by the EEOC against Dollar and ry rates and arson per BMW allege that the em100,000 people. ployers’ use of “brightline” criminal background The sheriff of Genesee County, where Flint is lo- checks in the hiring process violates Title VII of the cated, proposed a plan to create a violent crime mo- 1964 Civil Rights Act. According to the EEOC, Dolbile response unit that lar General and BMW viowould cost $3 million. lated the disparate impact However, Governor Rick provision by using generalSnyder rejected the plan ly applicable background because he believed rechecks as bright-line sources would be better “integrated into the ongo- screening tools in the hiring process. ing efforts to make Flint safer.”

What was the motivation Like Detroit, Flint has suf- for this letter to the EEOC fered economically in recent years. The median household income was just $23,380 in 2011, the second-lowest of all 555 cities measured by the U.S. Census Bureau.

down with some of these Attorneys General and work out a compromise or walk back what they have Regarding motivation, done. If it should happen, I some of this has to be don’t think it will be subviewed through the red/ blue prism of politics. If stantially different— you look at the states that employers will need to assent the letter you will see sess job relatedness and business necessity and do mostly red. some personal assessing.

Another motivation is a In the meantime, the guidcouple of the states’ constituents. Big constituents. ance for employers is what the guidance is for employBig, big constituents.

BMW is a major employer ers. And the EEOC is being aggressive. Aggressiveness in South Carolina. Their doesn’t just mean going plant in Spartanburg emafter the big companies. ploys over 8000 people.

According to data from the The EEOC has gone from U.S. Department of Com- less than 50 investigations in 2006 to nearly 600 in merce, based on the 2011 2012. In 2012, the EEOC value of BMW exports recovered $365.2 million in from South Carolina, the settlements. There were company’s Spartanburg facility is the largest auto- 99,412 cases filed with the EEOC in 2012. motive exporter from the U.S. (Speaking of seeing red, I wonder what General For every BMW or Dollar General you hear about, Patton would have to say there’s a few hundred that about that were he still you don’t hear about. Realive?) cently for example, J.B. Hunt transportation entered Regarding the other defendant, Dollar General is into a settlement with the EEOC over charges of raone of West Virginia’s largest private employers. cial discrimination based on a criminal record background check. The EEOC Will their letter change claimed that J.B. Hunt disanything? I doubt it. The EEOC has answered (fairly criminated against an African-American job candiscathingly) some prodate who was denied a business articles that attruck driver position at a tacked them for the new guidance. I do not see a sit- J.B. Hunt facility in San uation in which those at the Bernardino in 2009. The agency claimed the compaEEOC in Washington sit and will it change anything?

ny denied employment based on a criminal conviction record that was unrelated to the duties of the job. The alleged victim has entered into a private settlement agreement with J.B. Hunt. In addition to the specific allegations in the San Bernardino incident, the EEOC investigated the company’s broad policies and warned against the use of blanket prohibitions that disqualify candidates with criminal records The only sure thing in life is change—but that could change. In regard to the recent EEOC Guidance it could change, but given the political climate and general warp speed of government action (yawn), I’m not holding my breath for changes soon as a result of the Attorneys General letter.

Dennis Brownstein addresses pre-employment

NZ Criminal Record May Soon Be A Click Away Finding out someone's NZ criminal history could soon be as easy as clicking a button, under major changes to improve public access to court documents.

High Court decisions since 2005 are published online.

The public can apply in writing to receive a copy of a District Court judgment.

However, a lot of criminal decisions are recorded, but not transcribed unless they are needed for official purposes, largely because of a lack of resources.

Collins has an ally in Chief District Court Judge Justice Minister Judith Jan-Marie Doogue who believes it is important the Collins told the Sunday Star-Times the current sys- public understand the reasoning behind court decitem, where people often have to apply in writing to sions. the courts for access to in"We welcome any develformation, is "completely opment which would enainsane". ble the decisions of the District Court to be available She wants all decisions online once the courts have in a timely fashion," completed a move to an Doogue said. electronic operating model next year. The documents "This would enable transwould effectively act as a parency and accountabilpublic register of criminals ity." and improve public safety, she said.

main. "What we do at the lieves are long overdue. It Media Freedom commit- moment doesn't make sense was often a battle for victee member Clive Lind said with today's technology." tims to get hold of inforCollins' plan would be a mation, spokeswoman Ruth great way of getting inforThe Sensible Sentencing Money said. mation about court proTrust is also excited about ceedings into the public the changes, which it bedo-

Auckland, New Zealand courthouse Photograph by Steven Brownstein

A sample criminal record report from New Zealand

It would also make the court process more open.

"If a matter is heard in open court that anyone can attend, why is it the next day they strangely can't access that information? People have a right to know about what goes on in their courts."

Collins accepts some groups will "scream and cry" about the plan, but believes there is overwhelming public interest in making the information available.

A Ministry of Justice spokesman said work on Collins' proposal had begun, but it was early days.

"It is a complex piece of work and we are currently looking at what IT is needed to support it. We also need to develop a robust system to remove suppressed information from judgments before they are published."

Court of Appeal and nearly all Supreme Court and

plication and pay the agreed fee (£26). A Basic 2. AccessNI is liaising disclosure will show details with Trading Standards of all convictions considover a possible investigaered to be unspent under tion into posts advertised the Rehabilitation of Ofon linewhich said they re- fenders (Northern Ireland) quired an AccessNI basis Order 1978, or state that no criminal record check such convictions were which could be provided at found a discounted rate. Payment was requested.

4. AccessNI supplies Justice Minister David criminal history inforFord has advised the public 3. Under the legislation mation, upon request, to to exercise caution if of(Section 112 of Part V of organisations and individufered discounted rates for the Police Act 1997) any als, primarily to help them criminal records checks and individual can apply for a make safer recruitment deto be careful if employers criminal conviction certifi- cisions. Some organisations are asking for payment in cation (Basic Disclosure) are required by law to consuspicious circumstances. providing they make an ap- sider the suitability of ap-

Northern Ireland Minister Asks Public To Be Alert When Applying For Criminal Record Checks

The call follows reports from members of the public who have applied, and been asked to pay, for criminal record checks through job advertisements on websites which claim that they can provide such a service at a special discounted rate, the sites claim the rate has been agreed with AccessNI. AccessNI does not offer discounted rates.

The public can find out more information on the service AccessNI provides, including who requires a criminal record check and how much it costs at http://www.nidirect.gov.uk/ accessni.

David Ford said: “My Department has received a small number of reports recently about members of the public being asked to apply for a basic criminal record check through a potential employer with the suggestion that these can be offered at discounted rates.

I want to emphasise that discounted rates are not an option AccessNI offers for disclosures and urges caution when being asked to forward payment in respect of internet job applications.

The public should also seek to satisfy themselves about the legitimacy of the employer if they have a suspicion.

Notes: 1. This is a precautionary

alert.

plicants for certain positions or to ensure that they 6. The cost of checks is as are not barred from work- follows: ing with vulnerable groups. · £26 – basic or standard check 5. A criminal history · £30 – enhanced check check, also known as a dis- · £150 - one off registration closure, will search your fee for organisations to use details against United AccessNI services - this Kingdom criminal records includes the processing of and other police inforregistered body details and mation and may disclose checks on signatories details of an applicant's · £10 - registration of each criminal history. The counter signatory checks could include a · individuals meeting the search of barred lists which AccessNI definition of a are kept by the Westminster volunteer may be entitled to government. In Northern a free check.

Ireland the checks are carried out by AccessNI.

No Reason To Limit App Access To Hong Kong Public Records

Chiang claims it is a common misconception that personal data collected from the public domain is open to unrestricted use.

No use is unrestricted, but it's not clear Chiang has the

by Alex Lo (Hong Kong) competence or power to Privacy protection is a good decide what amounts to lething, until it is not. When gitimate use and how to you have a busybody of a restrict access to data being privacy commissioner ob- used. It is certainly not in structing people's access to his power or mandate to decide the manner in which public information, it becomes counterproductive. they can be accessed whether physically through a public office or a mobile Commissioner Allan app.

Chiang Yam-wang has ruled that a mobile app called Do No Evil breached Chiang is fond of saying that the use of personal data data protection laws and ordered the firm that oper- for anything other than the ates it to halt a particularly original purpose should be popular service - an online restricted unless voluntary consent of the subject is search of public records like litigation and bankrupt- obtained. cy cases.

It makes sense to restrict how companies and govIf people cannot use the ernment departments use app, to do the searches, they can go to the judiciary, clients' data they collect; it the Official Receiver's Of- makes no sense in the case of public records. fice and the Companies Registry to find the documents, as they did in the HK Privacy past. They are all available Commissioner for public inspection. As far as we know, and the Fears Change, commission has not disputed it, the company has only Says Activist collected data from legal Corporate crusader says the proceedings that are already in public records. It Do No Evil app was only has a database of more than providing what is already public and 'Luddite' comtwo million such records. missioner should be reThe firm has voluntarily complied with the commis- placed sion's order, as fighting it in court will be costly for such A prominent corporate gova small commercial entity, ernance activist has lashed out at the privacy watchdog even if it has an excellent for failing to acknowledge case to argue. the need for easier access to Chiang thinks Do No Evil information. provides sensitive personal data - including the names And David Webb says its of litigants, partial identity commissioner, Allan Chiang Yam-wang, should card numbers, addresses, claims amounts and compa- be "replaced with someone ny directors' data. So what? who understands modern technology" better.

I can find all this data if I go to a government office and not just in bankruptcy "Frankly, I think Mr and litigation case files, but Chiang is a technophobic Luddite and needs to be in vehicle registrations, replaced by someone who land-title ownership and won't keep attacking serbusiness registrations as vices that provide public well. access to data that is al-

ready public," said Webb.

He was responding to a move by the privacy watchdog to bar a company from supplying data on individuals - gleaned from publicly available litigation and bankruptcy records - via a smartphone application.

The Office of the Privacy Commissioner for Personal Data yesterday said it had ordered the operator of mobile app Do No Evil to cease supplying "sensitive" data after it was found to have invaded personal data privacy by allowing users to search for individuals by name.

Webb said the watchdog's report contained several inconsistencies. "[Chiang's] position is inconsistent. He says it is OK for corporate services to do it for other corporations, but it is not OK for a business to provide this service to a consumer ‌ tenants and landlords may want to look up whether either have been sued in the past and small businesses may want to conduct due diligence," Webb said.

"But any information that has gone through the courts is in the public domain so I don't see why they're forcing people to go down the corporate route."

Webb criticised the report's premise that people with similar names could be mistaken during a search, saying unique identifiers such as partial identification numbers, which are also public, would help to avoid mix-ups.

"The commissioner should explain why a company can provide [background search] services through web platforms and not mobile apps," he said.

Webb was forced by the watchdog earlier this year to withdraw a short-lived database listing the identity card numbers of 1,100 company directors includ-

ing tycoons Thomas Kwok A team of nine people had Ping-kwong and Li Kaworked on the app for 18 shing. months, he said. "A compaIn both cases, the watchdog ny once offered to buy the argues that misuse of per- rights to the app for sonal data from public reg- HK$600,000, but we refused the offer due to the istries that is not directly related to the original pur- long-term potential of the app. Now everything has pose could constitute a breach of the privacy law. been in vain," Kong said.

Webb's push for the free flow of information was echoed by Alex Kong, of IT company Sino Dynamic Solutions, which developed the Do No Evil app. "We call the app Do No Evil to convey this message: easy public access to criminal records would help deter crime," he said.

The firm has also scrapped plans to develop apps facilitating company and land searches.

The right of individuals to privacy is not absolute, the privacy commissioner said on Tuesday. It must be balanced against other rights and the public interest, he said. Exemptions from the Personal Data (Privacy) Ordinance include the use of personal data to prevent or detect crime or dishonesty, and for reporting purposes where information published is in the public interest.

The company argues that the data, which is all obtained from public records provided by the government, is for employers to conduct background searches and due diligence on potential employees.

Kong gave the example of He said the Do No Evil app schools being required to check whether teachers had "seriously invaded" privacy and the exemptions did not committed sex crimes.

claiming to be from the Spokane County Sheriff’s Office saying there’s a warrant out for their arrest and that whoever they’re living with may be charged for A recent string of scam harboring a wanted person, calls promises Spokane according to a Sheriff’s OfCounty residents that a fice news release. The callclean criminal record is just er says that if they pay a fee a phone call away. their record will be cleared.

Scammers Promise A Clear Criminal Record

Over the past several When the scammers call, months, citizens have recaller identification will ceived calls from scammers

display the sheriff’s office administration number. The Federal Communications Commission has released a guide to this scam method, known as “spoofing.”

The Sheriff’s Office never

tells people they can pay their way out of a warrant, Deputy Craig Chamberlin said.

“We either go find them, or when we contact them

and find out they have (a warrant),” Chamberlin said, “that’s when we take them to jail.”

September 2013

authored by an outside statistician who attempted to establish that Freeman's criminal-background checks disproportionately harmed black job-seekers.

Judge Titus described the

by Jason Riley report as "an egregious exThe Obama administration ample of scientific dishontook one on the chin earlier esty," its analysis this month when a federal "laughable," "skewed" and court ruled that companies full of "cherry-picked data." He concluded that the may use criminalbackground checks in hir- "mind-boggling-number of ing without being guilty of errors" rendered the racial discrimination. Em- EEOC's "disparate impact conclusions worthless." ployers are thrilled about There are "simply no facts the decision, obviously. here to support a theory of Less obvious is that the black unemployed, whose disparate impact resulting numbers have swelled un- from any identified, specifder President Obama, also ic practice." have reason to cheer.

It's bad enough that the Obama administration is The case dates to 2009, using dodgy numbers to when the Equal Employment Opportunity Commis- bring bogus racial discrimision sued Freeman Co., an nation cases. But the whole premise of the EEOC's event management firm.

The EEOC alleged that the campaign against criminalbackground checks may be company's criminalbackground checks for job off-base if the goal is to increase job opportunities applicants discriminated against blacks, who in gen- for minorities, ex-offenders or anyone with a spotty eral are more likely than other groups to have crimi- work history. nal histories.

On the contrary, an OctoJudge Roger Titus of the ber 2006 study in the JourU.S. District Court in Mar- nal of Law and Economics, "Perceived Criminality, yland disagreed. In his Aug. 9 ruling, he said that Criminal Background checking a person's crimi- Checks, and the Racial Hirnal history is "a legitimate ing Practices of Employcomponent of a reasonable ers," found that "employers hiring process." Employers that check criminal backgrounds are in general more "have a clear incentive to likely to hire African avoid hiring employees who have a proven tenden- Americans," according to cy to defraud or steal from Harry Holzer of their employers, engage in Georgetown University and workplace violence, or who his two co-authors. "[T]he otherwise appear to be un- adtrustworthy and unreliable."

Jobless Blacks Should Cheer Background Checks

The meat of the ruling, however, is the court's blistering takedown of the government's "expert" report,

from the queue—is correct," wrote UCLA's Michael Stoll and Shawn Bushway of SUNY Albany.

The authors found evidence "consistent with the idea that some firms check to gain information and not necessarily to exclude altogether the hiring of exoffenders." Thus "initiatives aimed at restricting background checks for those firms not legally Blacks aren't the only ben- required to check may not have the desired effect of eficiaries. Analyzing increasing ex-offender em"employer willingness to ployment." hire other stigmatized groups of workers (such as Alas, the Obama adminworkers with gaps in their employment history)," they istration doesn't seem much found the same pattern. The interested in the research showing that employers results, they wrote, "suggest that in the absence who perform criminal of background checks, employers use race, gaps in employment history, and other perceived correlates of criminal activity to assess the likelihood of an applicant's previous felony convictions and factor such assessments into the hiring decision." verse consequence of employer-initiated background checks on the likelihood of hiring African Americans is more than offset by the positive effect of eliminating statistical discrimination." These researchers surmise that employers who can screen for prison records are less likely to rely on prejudice when hiring.

"The Effect of Criminal Background Checks on Hiring Ex-Offenders," published in the August 2008 issue of Criminology and Public Policy, also suggests that the EEOC's effort to keep criminal history questions off job applications— sometimes called "banning the box"—could have unintended consequences. "It is not clear that the basic assumption of the "Ban the Box" movement—that information about criminal history eliminates people

back-

ground checks are more likely to hire black applicants than employers who do not. The EEOC hasn't ruled out an appeal of the Freeman decision, and it is moving ahead with similar lawsuits filed in June against retailer Dollar General and a U.S. subsidiary of car maker BMW.

One In Three Scottish Men 'Likely To Have A Criminal Record' More than a third of men and almost one in ten women in Scotland are likely to have at least one criminal conviction, according to a new report.

The figures were revealed in a research paper examining changes to the law governing when criminal convictions are considered spent.

In was produced in response to a Scottish Government consultation on the Rehabilitation of Offenders Act (1974) to be launched this summer.

The act has been criticised for not achieving the right balance between protecting the public and allowing people to put their previous offending behaviour behind them and get back into employment.

lion applications for basic Concerns have been raised disclosure of criminal conthat rehabilitation periods victions every year, the reset out in law are too long search found. and offenders face stigma while waiting for a criminal Authors Paul McGuinness, Fergus McNeill and record to expire.

Sarah Armstrong, from the University of Glasgow, A significant portion of the population faces regular suggest possible reforms to criminal record checks, re- the system including modisearchers from the Scottish fication of the waiting periCentre for Crime and Jus- ods for convictions to become spent and issuing extice Research (SCCJR) offenders with a certificate found. of rehabilitation.

Scottish Government analA Scottish Government ysis of data from the Scotspokeswoman said: "We tish Offenders Index are planning to issue a disshowed that more than a third (38%) of men and al- cussion paper on how the most one in ten (nine per- Rehabilitation of Offenders Act 1974 might be moderncent) of women born in 1973 are known to have at ised shortly. least one criminal convic"We do not hold a fixed tion, the report says. view about how the regime "Extrapolating to the pop- might be modernised and ulation as a whole, at least reformed and this paper is one-third of the adult male designed to provide all population and nearly one those with potential interest the chance to influence how in ten of the adult female population is likely to have specific proposals for moda criminal record," it said. ernisation and reform might be developed.

Disclosure Scotland pro"The Rehabilitation of Ofcesses more than one mil-

fenders Act 1974 has been on the statue books for nearly 40 years and it is important to ensure the legislation still operates in line with its original purposes of balancing the need to protect the public whilst allowing ex-offenders to be rehabilitated from their previous offending behaviour."

U.S. Prison Population Declined For Third Consecutive Year During 2012

of more than 1,000 prisoners in 2012: California, Texas, North Carolina, Colorado, Arkansas, New York, Florida, Virginia and Maryland.

New Hampshire’s Court System Moving Online As early as November, people who file small claims lawsuits in Concord and Plymouth will have to do so on the Internet.

The electronic filing requirement is part of a pilot program the state’s judicial branch is launching in advance of rolling out a $7.25 million online version of the state court system.

The U.S. prison population declined 1.7 percent from 2011 to 2012, falling to an estimated 1,571,013 The e-court project began prisoners, according to the in 2011 and should be fully U.S. Bureau of Justice Stafunctional in 2016, allowtistics. ing attorneys, litigants and residents to file lawsuits, It was the third consecupay fines and access court tive year of a decline in the documents from their living number of state prisoners. room.

Nine states had a decrease

Rockdale, GA Goes Online (Well, sort of)

The Rockdale County Superior Clerk’s Office recently unveiled an online system that permits attorneys to access court records and calendars without having to go to the courthouse.

Superior Court Clerk Ruth Wilson announced the launch of the Attorney Remote Access Service. Every attorney of record with cases before the Rockdale Superior and State courts will be able remotely access and print documents and calendars by registering for the service through the Clerk’s Office website, www.rockdaleclerk.com, and clicking on the “Online Services” tab.

Specifically, Wilson said that records associated with cases and court calendars in the county’s Superior, State, Magistrate and Probate courts are available through the system. Currently non-judicial and land records are not available, but should be in the near future, she said.

“This is something attorneys have been requesting for years,” Wilson stated in a press release announcing the Remote Access Service.

“We are pleased to finally to be able to respond to their requests.”

reponse to questions from overdose by blocking the the Citizen on Monday that narcotic’s ability to attach the cost for implementing to brain cells. the Remote Access Service was approximately $8,000. About 200 Quincy officers have been trained to use While it’s new, some local the antidote and two doses are carried in every police attorneys are optimistic cruiser. about the Remote Access Service.

Since the pilot program On a flyer distributed by began in 2010, Quincy pothe Clerk’s Office about the lice have applied Narcan new service, David Wood, 179 times and reversed overdoses 170 times. managing partner with Wood & Wood LLP, offered this testimonial: “Like it. Appreciate it.

Saline, AR Goes Love it. Really do. Great Online addition.”

Laura French of the French Law Group LLC said she hasn’t had a chance to use the new system, but thinks it will be a benefit.

Anything that allows attorneys to more efficiently serve our clients and interact with the court at the same time is nothing but positive,” she said. “I believe this will really save attorneys, and therefore our clients, time and money.”

Nose Spray Narcan Reverses Overdoses In Mass. Town At High Rate

The police department in Quincy, Mass., is requiring officers to carry a nasal Wilson said she expects spray that reverses overdosthe new online system, es from opioids, which are which is similar to other remote access systems for heroin and painkiller drugs court records in other juris- derived from opium. dictions, will eventually reduce the amount of traffic Narcan (naloxone hydrochloride) has been available in the Clerk’s Office. in injection form to para“By providing this remote medics and hospital emeraccess, we reduce the num- gency room doctors for many years, and has also ber of calls, visits and emails we need to handle,” become available in a nasal spray. she stated in the release.

“That enables us to make Quincy is the first police better use of our limited department in the United resources while keeping States to require officers on our headcount low.” patrol to carry nasal Narcan, which reverses an Wilson said in a written

Carrie Marrow of Garland County spends a lot of time online. She isn’t freshening her Facebook page; she is searching out the history of real estate for a title company.

years, and with some properties, those records are not all online yet,” she said.

“But I do a lot of this work at home, now that Saline County has gone online.”

www.salinerecords.com, which gives free, open access to the county’s public records.

She said the title company Crazy Lawsuit requires her to check county records of a property for Kara Walton of Claymont, Delaware successfully sued the past 10 years. the owner of a night club in a neighboring city when “We look to see if there are any liens or judgements she fell from the bathroom window to the floor and against the property, and knocked out her two front that all the mortgages are teeth. paid,” Marrow said. “We want to make sure the buyers have a clean title on the This occurred while Ms Walton was trying to sneak property.” through the window in the Saline County residents, ladies room to avoid paying title companies like the one the $3.50 cover charge. in Little Rock that employs She was awarded $12,000 Marrow or anyone with a and dental expenses. computer can access a storehouse of official records from their computers with a new One-Stop-Shop page that went online Aug. 8.

Recently, Marrow was at the Saline County Courthouse, but she could just have easily been working at Six elected Saline County home. officials announced the launching of the new Inter“I’m having to go back 30 net site,

news and in the public interest.

Guarding Against Abuse Of Personal Data In The Public Domain (Hong Kong)

The application of this principle depends on the original purpose of collecting and making public the data in question. In the case of public registers, they are normally set up by statutes.

by Allan Chiang, HK privacy commissioner

Many people believe personal data collected from the public domain - such as the companies, land and vehicles registers, the government gazette, and even the internet - is open to unrestricted use. This view is incorrect.

Personal data, whether publicly available or not, is protected under the Personal Data (Privacy) Ordinance. Imagine the consequences if the opposite were true. Data users may get around the law by deliberately publicising the data in the public domain, and the improper use of personal data that was leaked to the public domain would be legitimised.

Technology has exacerbated the risks of a loss of privacy. Advances in the aggregation, matching and further processing of personal data in the public domain means such data mining is now conducted with phenomenal ease and efficiency. For those who know how, it is easy to profile an individual and generate new uses of the data beyond the purposes for which they were initially collected.

Allan Chiang Yam-wang, Privacy Commissioner for Personal Data

female customer was pregnant and by how many months. In one case, the father of a teenage girl found out that she was three months pregnant after his suspicions were raised due to the increased amount of pregnancy-related adverts from Target arriving in the mail. The fact Target had "data-mined" its way into a customer's womb is clearly intrusive.

It is conceivable that many marketers are using innovative analytics to enhance marketing effectiveness based on data supplied by the customer and data in the public domain. The problem is not so much related to the nature and source of the data but, rather, to the way the data is combined, further processed and used.

Another example is the compilation of bankruptcy Admittedly, such profiling and litigation records of individuals by data brokers, could generate economic and societal benefits. But at based on the judiciary's daily cause lists and cause the same time, it poses books as well as the bankgrave privacy risks. ruptcy order notices in the government gazette. This is One example of these risks is the use of personal the subject of our recent investigation into a data to market goods and smartphone application services. In a report last which enabled subscribers year, the US retail giant to search such records by Target was found to have name and view the comanalysed the purchasing bined data in one go. The habits of its customers so data subjects concerned closely that it was able to could be harmed unknowguess reliably whether a

tial addresses and signatures. If malicious people were to exploit the data, there would be a risk of financial loss, identity theft First, as different people and personal safety can share the same name or (through stalking and surveillance). have similar names, it is problematic to ascribe the For this reason, we recentdata to a target individual according to his name. Sec- ly secured the co-operation of a website operator to ond, a person involved in litigation could be perfectly cease operating an index whereby names of individinnocent but the database did not as a rule include the uals and their identity card numbers found in the pubcourt's decision in his falic domain were listed tovour. gether to enable a search by Third, bankruptcy is nor- either name or number. mally discharged after four Such aggregation and processing of sensitive personto eight years, while the Rehabilitation of Offenders al data were clearly inapOrdinance prevents unau- propriate. thorised disclosure of a preThis website operation vious minor conviction, provided the offender has must be distinguished from that of a search engine, not been reconvicted for which acts purely as an inthree years. termediary in providing Therefore, the indefinite content data. Without performing value-added operaretention and use of the tions on the personal data it bankruptcy and litigation data would unduly stigma- processes, aggravation of privacy risks does not come tise an individual and bar him or her from leading a into question. life free from encumbrancA use-limitation principle es. in the ordinance provides A further example is the that personal data should be used only for the purposes unfettered access to the companies, land and vehi- for which it was collected or a directly related purcles registers, as well as pose, unless exempted for other public information sources, thus putting at risk activities such as law enforcement, professional due the sensitive data therein, such as Hong Kong identity diligence, and publishing or card numbers, full residen- broadcasting of the data as ingly if the data is used, for example, for checking their employability or creditworthiness.

Ideally, the purpose of a public register should be stated as specifically as practicable in the enabling legislation. If not, it could be implied. Very often, the purpose and limitations of use of information in the public domain have been spelled out.

Having ascertained the original purpose of making the personal data publicly available, the question of whether the reuse of such data is for the same purpose or a directly related purpose can be assessed on a caseby-case basis.

We need to explore the specific context in which the data was collected and the reasonable expectations of the data subjects as to the further use made of the data based on that context.

The test here is whether a reasonable person in the data subject's situation would find the reuse of the data unexpected, inappropriate or otherwise objectionable.

The Truth About Hong Kong Record Searches

By Faheem Ebrahim

If anyone tells you that searches in Hong Kong cannot be done, I urge you to check again.

It’s an accommodating, open system, and with the right explanation of your intentions, the team at the district court will happily assist with your needs.

Adultery Website To Launch In Hong Kong “Life is short. Have an affair,” proclaims controversial dating website Ashley Madison. Married people sign up to meet each other for affairs and “discreet encounters” through the website, which with 20 million members says it is the world’s largest dating platform for cheating husbands and wives.

The dating agency launches in Hong Kong at the end of the month, and is expected to be greeted with howls of protest from church leaders, family groups and moral guardians. Hong Kong’s politicians are unlikely to jump into the fray, unless they are themselves squeaky clean and monogamous.

they portray a “girls’ night out feeling” to attract married women. To make affairs more attractive to women, founder and CEO Noel Biderman, who styles himself “The King of Infidelity,” says he named the website using the two most popular female baby names in 2002. He says the website is upfront about its purpose: connecting married people who want to stray with no strings attached, and with no “sloppy endings.”

Before setting up Ashley Madison in 2002, Biderman worked as a sports agent who discovered he had a talent for helping professional athletes juggle their wives and mistresses, realising that marital deceit was rife. After finding that 30 per cent of online dating members were already married, he saw a business opportunity of offering internet dating for cheats. Based in Canada, the site has expanded to 28 other countries, recently finding fertile ground in Japan with a million sign-ups in the first two months.

Not surprisingly, the website has already sparked a media furore throughout America and Europe, with coverage on CNN and Fox News and in print media Biderman has done his such as Time Magazine, The Wall Street Journal and homework, citing the 2011 census which said there The New York Times. were 20,000 divorces filed that year – a divorce rate 10 Ashley Madison says it times higher than it was 30 tries to make women feel comfortable about having years ago. Currently, the affairs. They even aim for local ratio of men to women aged between 25 and 54 the moral high ground, claiming most online dating is 88-100, providing male sites use half-naked women Hong Kong members with a larger pool of women to to lure new users, while

cheat with. However, being a female-centred website, Ashley Madison claims it can provide Hong Kong women with a platform to pursue their own extramarital affairs.

Let’s hope they don’t meet their own husband on the site.

Whistling Loudly Close To A Person Is Form Of Assault In Hong Kong Whistling loudly at police officers is a form of assault because it involves the impact of sound energy, the Eastern Court was told.

Ki Chun-kei

and jailed for two months for shouting through a loudhailer into a police officer's ears.

were wearing uniforms, Ki had eye contact with the officers and had whistled close to them.

Sound can become an unlawful use of force if it is used intentionally or recklessly without the implied consent of victims, Man said. "No matter [whether] it is a loudhailer, a whistle or a human vocal cord, it can emit sound energy, and under some circumstances constitutes assault."

He pointed out that one officer said the whistling caused a ringing in his ear, leaving him unable to hear clearly for two to three seconds. Another officer called the sound deafening.

Prosecutor Jonathan Man Tak-ho said whistling constituted assault even if there was no physical contact because people should be Such whistling is different protected from any form of from normal, everyday physical molestation. whistling, he said.

Man was speaking during the trial of construction worker Ki Chun-kei, 50, who has pleaded not guilty to five charges of assaulting five auxiliary police officers by whistling at them through his fingers during the annual July 1 protest march this year.

Lawyer Pauline Leung Po -lam, for Ki, said whistling itself was not a crime. "It was not a hostile attack …

He might have been affected by the heightened mood of other marchers," she said.

"[Ki] used great force and While the court heard Ki high frequency. He leaned had whistled about 45cm to forward and whistled at 60cm from the officers, close range."

Leung said the distance was This was an exception to not "too close". the concept of implied consent, whereby people commit no crime if they accidently touch others in a busy place, he said.

Man referred to a 2003 precedent in which protestThe alleged victims gave er Sunny Leung Chun-wai evidence, saying the whiswas found guilty of assault tling was sharp and loud, and that Ki had targeted them.

Ki said he had not planned to join the protest march.

He simply followed the crowd when the road in front of Sogo department store, which he wanted to cross, was closed. He denied being drunk at the time.

Man asked the court not to give any weight to Ki's claim that he was not aware the police officers were around. Man said evidence showed that the officers

Sales Clerk Fired For Sharing A Picture of His Paycheck On Instagram

Groom that the posting violated the confidentiality agreement he signed before going to work for Lacoste.

And don’t let the door whap your butt on the way out.

Groom told Gothamist that he really didn’t intend to complain about his salary — $15/hour, plus a 3% commission on record sales numbers — as much as make a philosophical statement about the old grind.

And he sure didn’t expect it to go semi-viral. “I assumed that people would understand that I’m just expressing my frustration through my private InstaThat’s what Wade Groom, gram account,” he told the a sales clerk at fashion blog. “Had I know it would house Lacoste’s main store have gotten out like this, I in Manhattan, did, earning never would have done it. ” a swift trip to the unemployment office.

Social media have opened all sorts of avenues for getting in trouble at work, from oversharing workplace gossip on Twitter to old Facebook photos showing bosses parts of your past not covered on your resume. But here’s a relatively new one: Showing the world what your paycheck looks like.

Groom snapped an image of his paycheck a few weeks ago and posted it to Instagram with the message: “Ever since I was a kid I’ve thought it was completely insane that we have to work all our lives. I still feel that way. Especially when it’s only enough to live in a third world apartment…”

Judge Throws Out Lawsuit Against “Voyeur” Photog

building without their knowing.

“An artist may create and sell a work of art that resembles an individual without his or her written consent,” Judge Eileen Rakower writes in her decision.

Photographer Arne Svenson lives on the second floor of an apartment building in the Tribeca neighborhood of New York City.

For his project “The Neighbors,” he pointed his camera at a luxury apartment building across the street and secretly photographed its inhabitants through open windows.

Those photographs are now being sold for thousands of dollars at a gallery in NYC, but it turns out the subjects aren’t very happy with having their images stealthily snapped and sold.

The New York Post reports that a number of the residents are “furious” over Svenson’s new photo exhibit at the Julie Saul Gallery, and the fact that the images show private moments that include cleaning (while bent over), taking naps, and kids resting with teddy bears:

This just in: photographing people in their homes through their windows with a telephoto lens is protected by the First Amendment. A judge has dismissed the lawsuit After a few weeks of against Arne Svenson, the bumping around the mediphotographer who snapped Clifford Finn, one of the asphere, the image eventupictures of the residents of residents of the luxury ally became know to Laan upscale NYC apartment apartment (where coste managers, who told

penthouses cost upwards of $6 million), is quoted by the paper as saying, “A grown man should not be able to photograph kids in their rooms with a telephoto lens. You can argue artistic license all you want, but that’s really the issue here. I’m sorry, but I’m really bothered by this.”

to birdwatching:

"For my subjects there is no question of privacy; they are performing behind a transparent scrim on a stage of their own creation with the curtain raised high. The Neighbors don’t know they are being photographed; I carefully shoot from the shadows of my home into theirs. I am not unlike the Other residents in the birder, quietly waiting for building are considering hours, watching for the legal action against the flutter of a hand or the photographer. movement of a curtain as In a statement for the pro- an indication that there is ject, the 60-year-old Sven- life within." son says his work is similar

According to the preliminary results of Accenture's Global Risk Management Research study, which asked executives from 446 organizations across eight industries what they see as the biggest external risks over the next two years, 62 percent cited legal risks, followed by business risks - 52 percent -- and regulatory requirements -- 49 percent.

Thai Villagers Arrest A Google Street View Driver, Thought He Was A Spy Photog On your own mental list of “most perilous jobs,” chances are Google Street View driver doesn’t make it very close to the top. But one of Google’s own wound up in a strange situation recently when a group of villagers in Thailand put him under citizen’s arrest, believing him to be a spy for a government dam project they oppose.

The incident took place in the Song district of Thailand in the village of Ban Sa-iap when about 20 concerned villagers blocked Google employee Deeprom Phongphon’s way and placed him under citizen’s arrest. The villagers there have long opposed a dam project, and thought that he was taking spy photos for the project using the convenient disguise of a Google Street View car.

According to The Guardian, the villagers took the driver to a local office to quiz him, after which they took him to a temple where he was asked to swear on a statue of Buddha that he wasn’t working for the dam

project.

New Michigan

Since the incident took Law Makes place, the village has released a statement apoloShoplifting A gizing to the employee, Crime That Google and the people of Thailand for the embarrass- Results In Prison ing mistake, explaining that Time many repeated cases had “convinced the villagers to believe someone was trying In Michigan, the newly passed Organized Retail to survey the area in disCrime Act, sponsored by guise.”

Genesee County State Rep. For its part, Google didn’t Joseph Graves, has moved shoplifting from being consee the incident as a very big deal. In a statement re- sidered a misdemeanor to leased by Google spokes- being seen as a felony, that would be punishable by up man Taj Meadows, the to five years in prison. company explained that when “embarking on new projects, we sometimes en- In particular, the law targets those who steal goods counter unexpected challenges, and Street View has with the express intent of reselling them. been no exception.”

Meanwhile, Aon's Global Risk Management Survey of 1,415 respondents from 70 nations and a wide range of industry sectors found economic slowdown and slow recovery to be the top According to Grandville concern. Regulatory/ Police Department Sgt. De- legislative changes was tective Renee Veldman, the second highest, followed by statute has been a welcome increasing competition. addition to the tools used by law enforcement.

Robin's The Michigan Retailers Association spearheaded getting the law passed in 2012 in order to fill a gap that existed between the petty thefts of single items and the more sophisticated criminals who are looking to make a profit, according to William Hallan, vice president for governmental affairs and general counsel.

Hallan, is on the Organized Retail Crime Advisory Board, which has been tasked by Gov. Rick Snyder to monitor the effectiveness of the new law over time. He warned that organized criminals often become more aggressive and would be even more willing to turn to violence

Top Global Risks Underscore Business Concerns Two separate studies from Accenture and Aon Risk Solutions have found that organizational risk managers worldwide are closely aligned when it comes to risks they are most concerned about.

Rumination

By Robin Watkins

Have you ever googled "health tips"? If not, I can tell you that the search identifies over 759,000,000 sites.

Unfortunately, searching healthy lifestyle information will not make you healthier.

Who knows how many of those sites have bogus information?

Searching for "in-court research" (over 490,000,000 results) presents a similar problem.

How do you know who to trust with your applicants' personal information?

Robin Watkins is Director of Client Services at County House Research.

ance have resulted in the location or arrest of suspects. An armed robbery suspect was located and arrested. A homicide suspect was located and questioned for a neighboring police department. And a search query for “kegs” resulted in the identification and arrest of three suspects — a search that helped The Orange County, Fla., solve seven to 10 cases of Sheriff’s Office is five theft and resale of beer months into a unique prokegs. ject using the Google Search Appliance to locate Although the technology and extract criminal justice is only being used to search information from three difOrange County Sheriff’s ferent internal databases, data, the office intends to including the agency’s data expand the searches. “The warehouse. next step in our initiative will be to begin working on Sheriff’s Office officials arrangements with various say they may be the first local agencies in order to law enforcement agency to begin sharing data via [the use the Google search hardsearch appliance],” wrote ware this way. The tool is Trask and Lovette. being used primarily to search relational databases, The system’s Web-based but it also can crawl most user interface has been standard file systems and dubbed CRAIG, for Crimisocial media feeds. For exnal Research and Investigaample, the Sheriff’s Office tive Gathering application. has tested it successfully The Google Search Appliwith Twitter and RSS ance hardware sits on the feeds.

Sheriff’s network. CRAIG currently works with interHal Trask, the Sheriff’s IT nal databases within the solutions delivery manager, sheriff’s Tiburon records and Sheena Lovette, a management system, incrime analysis supervisor, cluding the Automated Rediscussed the deployment porting System, Crime in an email interview with Analysis and Calls for SerGovernment Technology. vice.

Florida Sheriff's Office Uses Appliance To Better Search Databases For Crime Information

They said several multiThe Sheriff’s Office anticdatabase searches conductipates no technical difficuled with the search applity in expanding the search

capability to other jurisdictions. “The only issue that we may run across is mapping each agency’s data elements to one common format,” said a Sheriff’s Office spokesperson. “The [search appliance] supposedly does have built-in functionality that should provide the ability to do this. We just haven’t gotten to that phase yet.”

Data shared between law enforcement agencies would be transferred using CJNET, a secure private network provided by the Florida Department of Law Enforcement.

tic changes. “As we move forward toward a more federated search, searching across other agencies, it will be interesting to see if the challenges are more technical related or people related.”

What Is A Search Appliance?

A search appliance is usually made up of several components. These include a gathering component, a standardizing component, a data storage area, a search component, a user interface component, and a manageThe Sheriff’s Office techment interface component: nical team created the new [3] system quickly, said Trask and Lovette. “Our programThe gathering component mers were able to produce is usually a web crawler or a useful working prototype file crawler that goes out on of CRAIG in approximatea network or the Internet ly 30 days without ever and gathers files and data having been exposed to the from specified locations.

Google technology API. This might include SMB The learning curve was shared directories, NFS fairly minimal.” shared directories, databases, and web pages. The However, they added, the crawler might either copy project will need to continfiles to the search appliually adapt to changes in ance, or only copy the technology, system availametadata about the file. bility, the evolution of crime patterns, human inA standardizing compoteraction and even linguisnent takes the data from the

gathering component and transposes it into a standardized format for storage in the data storage component. It then places it in the data storage area.

The data storage component holds metadata about the files and might also contain copies of the actual file or data as well as the metadata about the file.

The search component searches through the stored metadata from the files and provides the information to the search interface in the form of query results. It also can provide links to the copies of the files stored on the search appliance, or it can provide links to the original files in the source locations.

The search interface is the component where users compose their search queries. It provides instructions to the search component and displays query results to the user.

The management interface lets administrators manage user accounts, permissions, adding and deleting search indexes, crawl job scheduling, and other relevant functions.

What Keeps CEOs Up At Night?

The Lloyd’s Risk Index provides a good view of global risk from the perspective of corporate leaders. This year’s worldwide survey comprised 588 CSuite and board level executives from companies of various sizes.

The survey asked about 50 risks across five categories: business and strategic risk; economic, regulatory, and market risk; political, crime, and security risk; environmental and health risk; and natural hazard risks.

cern, as are regulatory mat- BASE? ters.

3. DO THEY CLAIM DIRECT CONNECTIONS Eight Warning WITH NUMEROUS COUNTY COURTS? Signs That

Employers Should Reconsider Their Background Screening Providers

By Tom Ahearn

Since background checks are a crucial part of the hiring process in today’s business world, leading payroll and HR solutions provider Paycor® has teamed up with Attorney Lester Rosen, Founder and CEO of Employment Screening Specifically, the survey Resources® (ESR), for the asked respondents, "How whitepaper ‘8 Warning prepared are you to manage Signs You Should Reconthese risks?" and then insider Your Background structed them to prioritize Screening Provider.’ the risks.

When asked the question "Are you better prepared to manage business risks than two years ago?," just 45 percent of respondents said their organization is more prepared now than in 2011, whereas 70 percent of respondents in 2011 indicated they were more prepared than in 2009.

The survey also identified "a clear divide" of risk management between larger and smaller enterprises, as well as enterprises that operate in established versus emerging economies.

Additionally, larger companies in faster growing markets are identifying the increased need to prioritize business risks and their relative lack of preparedness to deal with them.

Larger companies are investing in more comprehensive risk transfer (insurance) and risk management (mitigation) measures.

4. DO THEY USE “OFFSHORE” FACILITIES/WORKERS? 5. HAVE THEY BEEN ACCREDITED BY THE NATIONAL ASSOCIATION OF PROFESSIONAL BACKGROUND SCREENERS (NAPBS®)?

6. DO THEY USE HOMEBASED OPERATORS?

than their elders?

Nope, that's also a myth at least according to Merrill.

The best course is to focus on one task exclusively, taking it to completion or to a point where it can be paused, and then moving on to the next.

Small Town Takes Unique Approach To Fighting Shoplifting

7. DO THEY FAIL TO PROVIDE CLIENTS Police in Rosenberg, TexREGULAR UPDATES ON as, are taking an unusual LEGAL CHANGES? approach to addressing the recent increase in shoplift8. HAVE THEY FAILED ing in the town.

TO MENTION THE UPDATED U.S. EQUAL EMPart of that approach inPLOYMENT OPPORvolves posting the names of TUNITY COMMISSION shoplifters on the police (EEOC) GUIDANCE ON force's Facebook page.

The link to download the USING CRIMINAL RECcomplimentary whitepaper ORDS DURING HIRING? In addition, anyone caught is available on the Paycor shoplifting in the town is website at http:// arrested instead of simply www.paycor.com/ Still being issued a citation. download-backgroundMultitasking? screening-whitepaper.

This new proactive apGive It A Rest! proach was chosen in reIn the whitepaper, Rosen

by Jay Eidelman sponse to a 55 percent in– author of ‘The Safe Hircrease in the number of ing Manual,’ the first comIf you are one of the many shoplifting cases in July prehensive guide to empeople who thinks that mul- alone. ployment screening – emtitasking is the way to get phasizes how background things done, you are mischecks conducted on potentaken. tial new hires need to be done legally and accurately At least that's the point of by professional and accreda recent piece by Forbes ited screening firms and not contributor Douglas Mer“data-vendors” that create rill. more problems for employers than they solve.

Noting the cost (think texting and driving) and ineffiThe whitepaper covers ciency of multitasking, these eight warning signs Merrill points to biology as that indicate an employer the limiting factor. should take a closer look at their background screening Human brains can only provider: keep about 7 things in short term memory at any one 1. DOES THE BACKtime. And if something GROUND SCREENING doesn't go into short-term FIRM PROMOTE memory, it doesn't get into “INSTANT BACKlong-term memory.

GROUND CHECKS”?

Think that young people Notably, cyber crime is an 2. DO THEY CLAIM TO are better at multitasking increasingly serious conHAVE A BETTER DATA-

The police force attributes the increase in shoplifting to the large number of retailers in the area.

Police also say that it is more effective to take a proactive approach to dealing with shoplifting rather than simply responding to shoplifting cases after they have taken place.

India's Rape Records

India's crime records have revealed that the country's commercial capital, Mumbai witnessed 647 rape and 1,877 molestation cases in the last three years.

According to the National Crime Records Bureau, there were 1,781 incidents of crime against women in Mumbai in 2012 which include 234 rapes, 614 incidents of assault on women with the intent to outrage her modesty and 235 incidents of insult to the modesty of women.

"'Furtive movements' are an insufficient basis for a stop or frisk if the officer cannot articulate anything more specific about the suspicious nature of the movement," Judge Shira A. Scheindlin wrote in her opinion. "The same is true of merely being present in a 'high crime area.'"

How Stop And Frisk Works In Chicago

by Mick Dumke

About quarter to eight on the evening of May 21, 2011, two Chicago police officers noticed a young black man they deemed suspicious near the corner of Iowa and Pulaski. The problem, as they saw it, was that he didn't seem to be doing anything.

The officers were part of a unit that roamed high-crime sections of the city, looking for signs of trouble before it boiled over into violence—as it often did in that part of West Humboldt Park, which had been used as an open-air drug market for a generation. In their view, the skinny kid in the white T-shirt was "loitering in a high narcotics area known for narcotic sales," as they later wrote in their arrest report. They decided to approach him "to conduct a field interview."

The question of when police are allowed to formally stop and interview citizens was the central issue in the recent stop-and-frisk ruling in New York. After New York City's practices were found to be unconstitutionally based on racial profiling, some police and politicians there warned that their city could turn into a bloody war zone like Chicago. Officials here responded that crime in Chicago is at the lowest level in decades, even though our police happen to comply with the law.

Unfortunately, sound bites don't prevent crime, and the story is more complicated than either side wanted to admit. Chicago police, like their counterparts in New York and every other big city, have their own procedures for stopping certain people in certain communities and looking for guns, drugs, gang ties, or any other signs of criminality. The

policies in Chicago may be less visibly flawed than New York's, but they cause the same tensions between public safety and personal liberty.

By law, police need to have a reason to stop and interview someone. But not much of one—all that's required is "reasonable suspicion" of criminal activity, which allows for wide discretion. Police can't say someone is suspicious just because he's standing on the street, but if it's a street known for drug activity and he's been out there for two hours while six buses drove by, that might be another story. Cops have even more latitude in high-crime areas, where suspicion can be justified by "nervous, evasive behavior," according to the U.S. Supreme Court.

If police suspect the person may be armed or potentially poses a threat, they may also conduct a protective pat-down, or frisk. If they have evidence of a crime, they're allowed to conduct a full search and make an arrest.

Veteran Chicago police say it's their job to interact with people and recognize when they have a good— and legal—reason to conduct a more formal interview. "I could be driving around, and they give what I call the fish eye," explains one police supervisor. "You know something's up.

That's when you want to inquire a little more."

in a certain neighborhood with lots of crime, they stopped me'—they're a lot of my cases," says Chelsey Robinson, a defense attorney who works with lowincome defendants for the Chicago Bar Association.

In court it's the officer's word against the defendant's. Robinson says that's On the other hand, if the why most of her clients just person incriminates himwant to plead guilty and be self, the police don't need done with it—they assume to worry about sticky con- there's no way they can stitutional issues governing win. She urges them to deinterviews and searches. mand a trial and fight the According to police, this credibility of the evidence.

He stresses that while po- happens in Chicago all the "Sometimes the officer's lice want to be aggressive, time—accounting for a ma- story just doesn't add up," they're hardly looking for a jority of the 40 marijuana- she says, or the prosecutors reason to frisk people. possession arrests in the decide it's not worth pursu"Coppers want to go out city each day, to cite but ing. In fact, about 90 perthere and catch the bad one example. cent of all misdemeanor guys. It's fun. But you don't marijuana cases end up getwant to mess with legitiThat was the case at Puting thrown out. mate people. It's a waste of laski and Iowa on that time. And [frisking] can be spring evening in 2011, the But Robinson says she's disgusting—some people officers reported. They said not convinced there's an are dirty." that as they approached, the unwritten policy encouragsuspect blurted out: "I only ing officers to evade the Chicago police make hun- got a few bags of weed in law. "I think it's just police dreds of thousands of stops my shorts." One of the cops officers zealously trying to each year, primarily in Af- then searched the suspect do their job by whatever rican-American and Hisand found ten small plastic means necessary," she says. panic neighborhoods. In bags of suspected cannabis most cases, they don't find in his left-front pants pock- Police say officers here any evidence of a crime. et. Altogether the baggies are trained to know they But under police departweighed less than half an can only stop someone if ment rules, officers are re- ounce and were worth an they can explain their reaquired to keep a record of estimated $66. sonable suspicion. Still, every interview or pat they're also under tremendown they conduct that Two other officers arrived dous pressure to fill out doesn't yield an arrest. at the scene and they placed contact cards and make arThese so-called "contact the suspect under arrest. It rests, especially in highcards" include the address took more than two hours crime areas. Some civil liband phone number of the to book him at the station. erties advocates believe person interviewed, as well He was released early the that, as in New York, many as tattoos, gang affiliation, next morning, and several stops are made without a and a description of the rea- weeks later he pleaded clear or credible reason. son for the stop. The infor- guilty to misdemeanor posmation goes into a comput- session.

"If you keep pushing the er database that police use police to do something to track crime trends and Reports of suspects volun- about crime, you get stop who's hanging out with teering that they're carrying and frisk," says Tracy Siswhom. drugs, or throwing them to ka, executive director of the the ground as cops apChicago Justice Project, a Citing a reason for the proach, are so common that watchdog organization. stop is critical. Under New some defense attorneys and "Stopping and frisking eveYork's stop-and-frisk poli- civil libertarians assume it's ryone is going to reduce cy, officers are required to a standard way of getting violence in the short term. fill out similar forms. The around questions about the But is that the solution often sparse reasoning for legality of stops, frisks, and we're going for as a societhousands of stops over the searches. ty? It doesn't get at any of last few years—mostly of the underlying issues about black and Latino men— "The allegations are, 'I education, poverty, and was at the center of the fed- was minding my business jobs." eral ruling. but because I'm of a certain race and I'm male and I'm

False FBI Background Checks Have Hurt More Than Half A Million Americans’ Job Searches

by Trisha Marczak

For Americans vying for a spot in today’s weakened job market, the formula for success is a little more complicated than making it through the interview process. More industries than ever are requiring FBI approval before applicants are handed over their new title, and more cases of flawed background checks are surfacing, prompting lawmakers to introduce legislation requiring oversight in the bureau’s process.

arrests never leading to convictions, there’s plenty of room for error.

That’s what Ellison is hoping to address with HB 2999, a bill that seeks to mandate more oversight to ensure FBI background checks are complete and accurate.

In 2012, the FBI conducted roughly 17 million background checks for employers, representing a 10 percent increase from 2001, when Congress enacted laws allowing the FBI to conduct background checks for employers in any industry deemed to be susceptible to terrorism.

Yet in that scamper to allow background checks on an expanded workforce, the proper safeguards weren’t put in place, leaving innoA new study indicates one cent Americans out to dry in two FBI records include with inaccurate background checks that painted them as incomplete or false information, leaving more than a criminals. half a million American workers in jeopardy of los- “Finding a job in this ing or never being offered a economy is already hard enough,” Ellison said in a job they would otherwise statement. “No one should be offered. lose the chance to work because of an inaccurate “Up to 600,000 Americans are wrongfully denied background check. The a job every year simply be- ABC Act provides more fairness for Americans apcause the information on their background check is plying for federal jobs.” wrong,” Minnesota DemoAccording to the National cratic congressman Keith Employment Law Center, Ellison, who is sponsoring a bill to address the issue, 50 percent of those said in a statement sent to background checks do not include information Mint Press News. “When employers request a back- relating to the end reground check on a potential sult of a case. That employee, the FBI should means that half of all charges that are disbe required to make sure missed do not appear the information given to employers is accurate and on background checks, and half of those peocomplete.” ple suffer as a result.

The most common issue This puts a portion of with false background the population at greatchecks revolves around incomplete FBI files, which er risk, particularly Afindicate arrest and charge, rican-Americans, as they’re arrested — not but often fail to follow charged — at “rates through to disposition — greater than their reprethose whose charges are sentation in the general dismissed are still, in the population, and large eyes of the FBI, guilty. numbers of those arWith one-third of felony rests never lead to con-

FBI to do everything in its power to find any missing information on past arrests African-Americans repre- for Americans applying to sent 14 percent of the popu- work for the federal government,” Ellison said in a lation, yet account for 28 percent of arrests. Accord- statement. “Under the ABC ing to the report, African- Act, the FBI will have 10 days to find missing and Americans also appealed FBI background checks at a incomplete information on rate four times higher than rap sheets. If they can’t find final outcomes of arrests others. and court orders, the FBI will be required to remove This month, Rep. Keith the information from the Ellison, a democrat from Minnesota, introduced the background check.”

ABC Act, otherwise known That bill is in line with as HR 2999. The bill was assigned to committee Aug. recommendations made by 2 and has yet to be consid- the National Employment Law Project, which gives ered. recommendations for fixing a system that’s destroying The bill aims to draw down the number of inac- livelihoods. In addition to curate background checks requiring the FBI to locate by delaying the time period missing dispositions, the project also recommends between the FBI’s initial the FBI provide a copy of report, allowing room for the bureau to double check the background check so records and retrieve miss- that those seeking employment can appeal flaws. ing files. Additional time will be given in order for In the same month the Nathe FBI to determine if intional Employment Law formation in a file is inProject published its report complete, particularly if highlighting the flawed emonly charges are mentioned, without follow-up ployment screening system, NBC’s Today Show ran a on convictions. piece during its Rossen ReThis, according to the re- port segment, emphasizing the need for such checks in port, can be done, as FBI background checks for gun today’s job market. purchases require the bureau to retrieve information It was a move applauded

by The National Associain just three days. tion of Professional Background Screeners “The ABC requires the viction,” according to the report.

(NAPBS), a nonprofit trade association representing private company screening processes. According to the Project report, private companies do hold themselves to higher standards, yet a blanket endorsement for background screening doesn’t just prop up private industries — it props up the FBI’s process, as well.

“Health care workers, volunteers working with children, those handling money issues for business — and especially home service workers — are all examples of positions where employers need to know who they are hiring,” NAPBS Chairman Fred Giles said in a press release. “Background screening is a critical practice that provides employers with the peace of mind and confidence to know they’re making the best hiring decision possible.”

One main problem associated with flawed background checks revolves around the lack of information provided by local law enforcement agencies.

While charges and fingerprints are routine documents in individual files, follow-throughs aren’t conducted in such a regiment manner, leaving a gaping hole for any agency requesting information related to background checks.

In case a debtor is unable to pay matured debts due to financial distress, a debtor or a creditor can file a bankruptcy petition with the District Court. Although Korea does not have a Bankruptcy Court like the U.S., Seoul Central District Court has formed insolvency panels in order to facilitate proper and expeditious disposal of insolvency cases. Insolvency proceedings have taken a new shape after the enactment, on April 1 2006, of the Act on the Reorganization and Liquidation of a debtor.

Insolvency Cases In Korea Reorganization Proceedings for Business Entities The Purpose of reorganization proceedings is to seek maintenance and rehabilitation of business entities under the supervision of the court, by adjusting the claims and equities of the entities concerned, such as creditors and equity holders. The court, upon a request from a debtor, creditor, or equity holder, renders an order for relief, and appoints a trustee. In principle, the debtor is appointed as a trustee. Debtor-inPossession System, in which the Court does not appoint any trustee but leave the right of administration and disposal of the estate to the debtor, is allowed under certain circumstances, such as when a debtor is an individual, a medium sized business entity, or a public company with sound corporate governance. The trustee is required to submit, within the period fixed by the court, a reorganization plan which contains a detailed program for administration and disposal of the estate as well as a plan for adjustment of debts. If the plan is accepted by creditors or equity holders, and confirmed by the court, the rights of the

proceedings for individuals, of the plan, the debtor can by which debtors may ad- be discharged from the rejust debts and make install- maining debt. ment payments to creditors pursuant to a court confirmed plan. Once the debtor repays a certain amount of debt within a planned period not exceeding 5 years, he/she may be disLiquidation Proceedings charged from the remainder of the debt. The debtor The liquidation proceed- should submit a list of the creditors and file a plan for ings are proceedings payment. A Courtwhereby the courtappointed standing trustee appointed trustee collects the property of the debtor, will investigate on the estate and income of the debtconverts that property to or, and advise on the plan cash, and distributes the for payment. After the plan cash to the creditors. The court, upon a request from is confirmed by the Court, the creditor or debtor, de- the debtor should repay the debt according to the plan. clares bankruptcy if the debtor is deemed unable to After full implementation make payments. When the debtor has no or little property, the distribution proceedings may be omitted.

Debtors, who are individuals, can be discharged from remaining debts. The granting of a discharge may not be given if it is deemed that bankruptcy, in whole or in part, was caused by extravagance or fraudulent practices. In practice, the court tends to be lenient in granting a discharge of debts. creditors or equity holders are altered according to the plan. In the event that a reorganization plan begins to be implemented by the debtor, the court shall close the case unless a debtor is likely to fail in carrying out the plan in the future.

Reorganization Proceedings for Individuals Individuals with debts below a statutory threshold and with likelihood of sufficiently stable and regular income in the future are entitled to reorganization

Taiwan Toughens Up DUI Laws Starting last June, it became illegal to operate a vehicle with a blood alcohol level at or above 0.03 percent or 0.15 ml ethanol per liter of breath, the National Police Agency (NPA) announced, in a move that further lowers the legal alcohol blood content for drivers.

These penalties would potentially be additional to those handed out by the NPA. Taipei City's Traffic Division said that according to the newly revised road traffic regulations, drivers in Taipei who severely endanger the safety of other people on the roads and record a blood alcohol level of over 0.18 ml will be brought to court.

The DUI limit for riding a bicycle has been lowered to The NPA said that Taiwan 0.15 ml ethanol per liter of has followed Japan to offibreath, according to the cially adopt a zero tolerNPA, adding that violators ance for drunk driving. will be fined between NT$300 and NT$600.

According to the NPA, a 70-kilogram adult who NPA statistics showed drinks one beer may breach that there have been 50,326 the allowable DUI bloodDUI cases between January alcohol limit and thus be of this year and May, with liable for a fine. Drinking 125 fatalities related to two beers or more and then DUI. operating a vehicle could result in imprisonment.

Minimum Two-Year Imprisonment for Taking The Legislative Yuan reDrugs and Driving cently revised the Criminal Code to lower the blood Drivers who test positive alcohol limit. Those found for drugs will be sentenced to have driven with a blood to a minimum of two alcohol content exceeding months and a maximum of 0.25 ml of ethanol per liter 10 years in prison, accordof breath will face imprising to the revised Criminal onment. This is lowered Code. from the original exceeding 0.55 ml. While those who The NPA said that the drive with a blood alcohol newly revised Article 185-3 content exceeding 0.15 ml to the Criminal Code now ethanol per liter of breath includes those who drive a will face fines.

The regulations stated that violators who cause any injuries may face a maximum of seven years in prison. If fatalities are caused as a result of DUI, the driver will be sentenced to a minimum of three years to a maximum of 10 years in prison.

Background Check Filipino Health Care Workers

The Transportation Ministry and the Ministry of the Interior also jointly decided to lower the permissible blood alcohol content for driving to 0.03 percent to further deter DUI cases.

Violators will be fined a minimum of NT$15,000 to a maximum of NT$90,000.

The Philippines is one of the world’s largest exporters of health workers, making this one of the country’s most important exports.

Straightline International's local staff provides complete background searches plus ALL public records in the Philippines.

Ask About Our “No Delay” Philippines Service

Steven Brownstein—Expert Researcher in Taiwan

motor vehicle under the influence of drugs.

individual by their unique Taiwanese ID number (10 digits - one letter followed According to the Criminal by 9 numbers).

Code, if the offense results in death, the offender shall It is with this identifier that be sentenced to imprison- all records of any cases can ment for not less than one be brought up. year but less than seven years. If the offense results The Hot Coffee in serious physical injury, McDonald’s the offender will be sentenced to imprisonment of Lawsuit? no less than six months.

TRUTH OR FICTION?

Taiwan Record Checks

She spilled hot coffee on herself after the drivethrough at a McDonald's in Albuquerque, New Mexico.

She was sitting in the passenger seat of her grandson's car.

her body.

According to the Washington State Trial Lawyer's Association, Liebeck sued McDonalds only after the company refused to pay her medical expenses.

The WSTLA says her bills added up to $11,000, but McDonalds offered to pay only $800. A mediator recommended a $250,000 settlement, which McDonald's turned down.

One of the issues in the trial was that Liebeck's lawyers said there had been Name checks are difficult several hundred similar to perform from several cases that McDonald's had standpoints. First, the comignored and that the compamonality of names makes ny had refused to reduce The spill caused severe the task daunting; there are burns over 6 percent of her the temperature of the cofnumerous name matches. body. She spent a week in fee machines.

There is a much simpler the hospital, underwent way.

A jury gave Stella Liebeck several skin drafts, and $160,000 but also fined ended up with permanent Records are matched to an McDonald's a punitive scarring on 15 percent of damage of $2.7 million.

By Steven Brownstein

A judge later reduced that amount to $480,000 then McDonald's settled out of court for an undisclosed amount.

The court case involving Stella Liebeck is true and is widely known because of it being the little old lady who got millions because of what seemed like a small incident.

Oregon Court Rules: Online Filing Repository Is A Public Record

The state online repository of court files is a public record, the Oregon Court of Appeals has ruled, overturning a lower-court judgment that put the state in the awkward position of arguing that its own online registry was insufficiently reliable to establish that a conviction had taken place.

The ruling came in a minor Multnomah County misdemeanor case in which a circuit court judge refused to accept a defendant's use of the Oregon Judicial Information Network as a public record to attack the credibility of a government witness.

"We disagree with the state's argument that an OJIN register is not sufficiently reliable to `establish' the existence of a conviction," Appeals Court Judge Timothy Sercombe wrote in the ruling released last week.

had two convictions.

records in the civil, criminal and domestic relations So they turned to a divisions. It includes cases printout from OJIN, the file from 2000 through Febofficial online case register ruary 2013. created using the best of early-1980s computing Court employees plan to technology. It showed the continue adding new and two convictions. But then, old cases online. the state argued that its own case register was insufficient and unreliable.

Vatican The trial court judge agreed. "I have seen enough errors in judgment print-outs like that," the trial judge said in his ruling.

The appeals court found that thinking problematic, especially in a trial that hinged on the credibility of the witness and the defendant.

"The case turned on the credibility of the two main witnesses," the appeals court ruled. "Both disclaimed responsibility and blamed the other. In the absence of physical evidence, the jury was left to make a credibility judgment as to which competing narrative to believe."

UK Criminal Record Disclosure Calculator - For Professionals & Organizations

The legislation covers people who live and work in Vatican City and is difUnder those circumstancferent from the canon law es, the judges wrote, witwhich covers the universal ness credibility was paraCatholic Church. mount. They reversed Thomas' conviction and The bulk of the Vatican's sent the case back down to legal code is based on the Multnomah County Circuit 1889 Italian code.

Court.

The tool is only as good as the information that you input - it will only give you an accurate result if you input accurate information Website: www.disclosurecalculator.o rg.uk

Criminalizes Leaks, Sex Abuse in First Laws

Pope Francis has overhauled the laws that govern the Vatican City State, criminalizing leaks of Vatican information and specifically listing sexual violence, prostitution and possession of child pornography as crimes against children.

about how to find out some of the above information if you don’t know it already.

The (UK) Disclosure Calculator is a web tool that can be used to find out when a criminal record becomes spent under the Rehabilitation of Offenders Act 1974 (ROA).

The need to interpret complex legislation means that many people with a criminal record do not benefit from their legal rights under the ROA, making it harder for them to reintegrate into society. Professionals and organisations working with people with a criminal record can find it difficult to find out when their clients record becomes spent, particularly for clients with multiple convictions.

The Disclosure Calculator makes it simple for you to The case itself was simcalculate when a clients ple: Two people in the Many of the provisions The appeals court judges criminal record becomes same place at the same time were necessary to bring the declined to rule on what ‘spent’ and no longer needs were questioned in the Vatican's legal system up to other records could be conto be disclosed under the same crime, in this case, date after the Holy See sidered "public record" to ROA (e.g. to employers breaking car windows. signed international treaattack a witness's credibiland insurers), removing the Each said the other person ties, such as the UN Conity. discrimination which acts did it. Heather Marie vention on the Rights of the as a barrier to successful Thomas was charged with Child. reintegration. criminal mischief. The oth- Erie County, OH er person was the govern- Online Others were necessary to The tool will only work if ment's chief witness. comply with international you know the following norms to fight moneydetails about all of the conAbout two weeks ago, Under questioning to eslaundering, part of the Vativictions or disposals that Erie County clerk of courts tablish his credibility, the can's push toward financial you have received: Luvada Wilson unveiled witness acknowledged one transparency. more than 1 million pages previous conviction for The date of conviction of court documents online. robbery in "1998 or 1999."

The type of offence But Thomas' defense attorThe sentence or disposal It means anyone — attorneys saw an opportunity to that you received neys, residents, Internet impeach him as a witness _ Your date of birth sleuths and anyone else to show he was lying by with Internet access — can demonstrating he actually Information is provided search Erie County court

Unlock, The UK National Charity For People With Convictions We are an independent award-winning charity, providing trusted information and advice services for people with criminal convictions.

Our staff and volunteers combine professional training with personal experience to help others overcome the long-term problems that having a conviction can bring.

Our knowledge and insight helps us to work with government, employers and others, to change policies and practices to create a fairer and more inclusive society so that people with convictions can move on in their lives.

Have Researcher Will Travel

Contact: Steven Brownstein 16702871186 findcrime@search4crime.com

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