Background Checks and Privacy Considerations

Published: 06th May 2010
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Admittedly, it would be great if lived in a world where we could always afford to trust everybody we meet until shown otherwise. But it's an unfortunate fact that blind trust can be a dangerous trait in this day and age. Nowhere is this more readily apparent than in the world of business, where trusting the wrong person can lead to financial ruin and much worse.

Whether you're a business owner verifying the background of potential employees or a businessman researching the history and credibility of a prospective business partner, a background check can be an invaluable tool for protecting your interests, assets, and even your well being. But at the same time, there are many valid concerns about how background checks can extend into an invasion of privacy, or even used for unscrupulous reasons.

However, most states attempt to compromise by allowing background checks of job applicants but only in accordance with strict guidelines. But outside of the employer/employee dynamic, there are currently few standards regulating our ability to do background checks on each other.

There are several main kinds of background searches. A criminal records check reveals the subject's criminal history. A family court records check involves things like marriages, divorces, and children. More thorough methods, such as a due diligence background check require the combination of several elements like a criminal records check with a more exhaustive search, conducted by an investigative company, covering things like business history, all criminal and civil court cases, debts, and more. However, the criminal history check remains the most prominent (and oftentimes the sole) kind of search required in many situations.

New Employees

If you own a business, it's important to know that you can you trust your employees. After all, your employees will have access to your company's assets, money, and things like proprietary information, sales leads, and client lists. And simply through their employment, your employees will be closely associated with you and your company, meaning their past or future misdeeds could wind up reflecting on you.

In this situation, a background check can help you avoid theft or embarrassment by turning up things like a criminal record or past civil suits springing from things like sexual harassment or assault. You might also conduct another check via an investigation/research company in order to verify their employment history, education, and other credentials. This helps you not only weed out thieves and creeps but also flags any applicants with misleading or downright deceitful resumes.

However, privacy advocates are concerned that broad access to this kind of information can also harass or humiliate the subject with no regard for their personal privacy. To address these concerns, many states have imposed limits on how far back an employer is allowed to look into an applicant's background for a criminal history. Although these limits average between five and 10 years, the very prospect of a background check is often enough to scare off the bad apples.

Business Prospects

Going into business with a new partner can require trusting your assets, money, reputation, and even your future to a person who you might not even know that well. If the person turns out to be trustworthy, so much the better. But if picked you picked the wrong partner, you might be stuck with anything from an incompetent businessman to a con artist attempting to actively swindle you.

To make sure this doesn't happen, you can commission what is known as a due diligence background check. This check not only uncovers any criminal history but also all of their experiences in the legal system, regardless of each case's results. For example, a person with a history of long history arrests for things like domestic abuse or harrassment, even if they've never wound up convicted of a crime, is somebody to be at least wary of.

Maybe they've never been arrested but a due diligence background check will reveal if they've done things like file numerous nuisance lawsuits. You may discover that they have been sued a suspicious number of times. Or maybe they've faced civil suits related to things sexual harassment. Due diligence will also uncover things like past bankruptcy, business failures, unpaid debts, and fraud.

There are fewer if any limits on this kind of background search, as they are usually conducted in a private capacity between two equals as opposed to an employer invading an employee's past.

Personal Relationships

The line between necessity and invasion of privacy is further blurred when it comes to personal relationships. For example, in situations where one person basically allows a stranger into their life (such as a potential roommate answering a classified ad or the further pursuit of a romantic relationship that was initiated online), is a background check a paranoid invasion of their privacy or simply a smart, safe move in a dangerous world?Instant People Check is a leading provider of an instant criminal background check online. For just a few dollars you will learn a lot more about your potential new hire than they may want you to. You can do national or state-specific criminal records checks quickly and cheaply.

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Source: http://alexmcstafani.articlealley.com/background-checks-and-privacy-considerations-1534837.html


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