Issues that could have a major impact on how telecommunications, cable and energy companies conduct business will soon be decided, as all 50 state legislatures go into session. It’s not every year that this happens, since some state legislatures only meet biannually.
Two Big Issues to Watch: Breach Notification & Employment Screenings
1) Breach Notification
Now that 46 states have a breach notification law on the books, lawmakers are looking at whether those standards should be expanded. So far, at least 12 state legislatures are considering proposals.
At the heart of all breach notification laws is a set of conditions, or “triggers,” that have to occur before a company is required to send out a breach notification to consumers. For most states, the requirement is based on some level of harm for consumers as a result of the breach. Some states have begun to look at those triggers and conclude that all types of breach, no matter the risk, should be report to consumers. Additionally, included in some pieces of legislation is a requirement to report all breaches, no matter the size, to the state attorney general. The concern of many in the private sector is that attorney general notification opens up new liabilities for companies, as many states will post a list of breaches on a government website, even if there is no harm to a consumer.
States are also examining the types of information that should be provided to consumers as a result of a breach. For example, should consumers be notified of information such as the time, location and type of information exposed during a breached. The challenge is that all of this information would be made public, possibly creating additional risk.
2) Employment Screenings
With a weakened economy, state legislators are looking for ways to help the unemployed find new work. As a result, lawmakers are looking into placing new restrictions on the ability of employers to conduct credit checks on prospective employees. The intention driving the discussion is to help consumers who might be negatively affected by poor credit history out of concern that the information will result in an individual’s ability to be hired.
Currently, only four states have statutes that regulate an employer’s use credit history data. This year, at least fourteen states are considering their own restrictions.
Why Check a Job Applicant’s Credit?
Misconceptions about the content of credit reports used for employment purposes have encouraged the proposals. The result, however, of such legislation would be to remove a valuable tool from employers to evaluate and compare different candidates under consideration for a job.
Since employers are held responsible for the actions of their employees, it’s only natural they take steps to protect themselves. Such measures are already regulated by the Fair Credit Reporting Act. Some legislatures may also soon expand those restrictions. The result of using credit is not fewer employees being hired, but hiring the best candidates for the job.
What’s Next? Stay Tuned
As most state legislatures are composed of part-time lawmakers, many will be in session only through April, but these trends will likely impact discussions at the national level. For instance, the Equal Employment Opportunity Commission has already held hearings to examine employers’ use of credit checks. And Congress is contemplating a national breach law.
We’ll be monitoring future regulatory developments, so check back frequently or subscribe to keep up on these issues and others affecting your industry.
