Privacy Issues in the Community College Workplace

 After reviewing the report, if the consumer believes that the report is incomplete or inaccurate, the consumer may dispute the completeness or accuracy of “any item of information contained in his or her file.” 76  The Act establishes procedures for reinvestigation of the disputed matters and notice to the individual(s) who provided the information that the information is being disputed. 77 ii. Restrictions on Information in the Report Similar to the FCRA, the Act imposes strict limitations on the types of information which may be included in a report that is prepared by an ICRA. The following types of information may not be included in a report:  Bankruptcies that, from the date of adjudication, pre-date or precede the report by more than 10 years.  Suits that, from the date of filing, and satisfied judgments that, from the date of entry, pre- date or precede the report by more than seven years.  Unsatisfied judgments that, from the date of entry, pre-date or precede the report by more than seven years.  Unlawful detainer actions where the defendant was the prevailing party or where the action was resolved by settlement agreement.  Paid tax liens that, from the date of payment, pre-date or precede the report by more than seven years.  Accounts placed for collection or charged to profit and loss that pre-date or precede the report by more than seven years.  Records of arrest, indictment, information, misdemeanor complaint, or conviction of a crime that, from the date of disposition, release, or parole, pre-date or precede the report by more than seven years. These items of information shall no longer be reported if at any time it is learned that, in the case of a conviction, a full pardon has been granted or, in the case of an arrest, indictment, information, or misdemeanor complaint, a conviction did not result; except that records of arrest, indictment, information, or misdemeanor complaints may be reported pending pronouncement of judgment on the particular subject matter of those records.  Any other adverse information that pre-dates or precedes the report by more than seven years. 78

Note that the above regulations do not apply if the report is to be used by an employer who is explicitly required by a governmental regulatory agency to check for such records. However, this provision is questionable given that no parallel provision exists in the FCRA, and federal law preempts state law.

Privacy Issues in the Community College Workplace ©2021 (c) Liebert Cassidy Whitmore 25