We pull Accurint reports from LexisNexis for potential employee and periodically during employment for certain job positions. Accurint services are not provided by "consumer reporting agencies," as that term is defined by FCRA and does not constitute "consumer reports," as that term in defined in FCRA. Accurint discloses to its users that the Accurint service may not be used in whole or in part as a factor in determining eligibility for credit, insurance, employment or another purpose in connection with which a consumer report may be used under the FCRA.

The Accurint product aggregates and reports data, as provided by public records and commercially available data sources, and is not the source of the data.

Question...do we have to obtain permission from potential employees and current employees to pull this type of report?

Thanks in advance!

Accurint discloses to its users that the Accurint service may not be used in whole or in part as a factor in determining eligibility for ….. employment

So why are you pulling this on potential or current employees?

It gives public information about bankruptcies that may no longer show on a credit report, liens and other information such as DUIs, etc.. If there is something of concern on this report, we then would have to go to the public records source to confirm the accuracy. From there we may decline employment based on the information obtained directly at the source, not the Accurint report. If it happens to be information that is also on the credit report we pulled, then the pre-adverse action and adverse action steps would be followed with that agency listed.

Why they are pulling this...I'm not sure. I guess they are looking for anything that might indicate that there would be some risk hiring that person to work at a FI.

For potential employees and current employees for more sensitive jobs in the FI, an actual background check is run from a company that is a CRA and the FCRA requirements are followed.

Public record information. A communication consisting solely of public record information is not a “consumer report” unless that information is provided by a CRA, is used or expected to be used for the purposes identified in section 603(d), and bears on at least one of the seven characteristics listed in the definition. Public record information relating to records of arrest, bankruptcies, or the institution or disposition of civil or criminal proceedings, bears on one or more of these characteristics.

Section 603(d)(1)(B) employment purposes

That is why they say: Accurint service may not be used in whole or in part as a factor in determining eligibility for employment

You can't tell me that you use this report and if something is noticed, you then do further research and that is not "used in part".

You are turning Accurint into a CRA by doing so.