by Unknown
asked during the test and is informed of the right to termi-
nate the test at any time
Appendix D: Consumer and Credit Data Privacy Laws
429
(3) Actual testing phase
During the actual testing phase, the examiner does not ask such
examinee any question relevant during the test that was not
presented in writing for review to such examinee before the test.
(4) Posttest phase
Before any adverse employment action, the employer shall
(A) Further interview the examinee on the basis of the results
of the test
(B) Provide the examinee with
(i) A written copy of any opinion or conclusion ren-
dered as a result of the test
(ii) A copy of the questions asked during the test along
with the corresponding charted responses
(5) Maximum number and minimum duration of tests
The examiner shall not conduct and complete more than five
polygraph tests on a calendar day on which the test is given and
shall not conduct any such test for less than a 90 minute duration.
(c) Qualifications and requirements of examiners
The exemptions provided under subsections (d)–(f) of Section 2006 of
this title shall not apply unless the individual who conducts the poly-
graph test satisfies the requirements under the following paragraphs:
(1) Qualifications
The examiner
(A) Has a valid and current license granted by licensing and
regulatory authorities in the state in which the test is to be
conducted, if so required by the state
(B) Maintains a minimum of a $50,000 bond or an equivalent
amount of professional liability coverage
(2) Requirements
The examiner
(A) Renders any opinion or conclusion regarding the test
(i) In writing and solely on the basis of an analysis of
polygraph test charts
(ii) That does not contain information other than
admissions, information, case facts, and interpreta-
tion of the charts relevant to the purpose and stated
objectives of the test
(iii) That does not include any recommendation con-
cerning the employment of the examinee
(B) Maintains all opinions, reports, charts, written questions,
lists, and other records relating to the test for a minimum
period of 3 years after administration of the test
430
Appendix D: Consumer and Credit Data Privacy Laws
§ 2008. Disclosure of Information
(a) In general
A person, other than the examinee, may not disclose information
obtained during a polygraph test, except as provided in this section.
(b) Permitted disclosures
A polygraph examiner may disclose information acquired from a
polygraph test only to
(1) The examinee or any other person specifically designated in
writing by the examinee
(2) The employer that requested the test
(3) Any court, governmental agency, arbitrator, or mediator, in
accordance with due process of law, pursuant to an order from a
court of competent jurisdiction
(c) Disclosure by employer
An employer (other than an employer described in subsection (a), (b),
or (c) of Section 2006 of this title) for whom a polygraph test is con-
ducted may disclose information from the test only to
(1) A person in accordance with subsection (b) of this section
(2) A governmental agency, but only insofar as the disclosed infor-
mation is an admission of criminal conduct
§ 2009. Effect on Other Law and Agreements
Except as provided in subsections (a), (b), and (c) of Section 2006 of this title, this chapter shall not preempt any provision of any state or local law or of any negotiated col ective bargaining agreement that prohibits lie detector tests or is more restrictive with respect to lie detector tests than any provision of this chapter.
Fair Credit Reporting Act (15 U.S.C. 1681)
§ 1681. Congressional Findings and Statement of Purpose
(a) Accuracy and fairness of credit reporting
The Congress makes the following findings:
(1) The banking system is dependent upon fair and accurate credit
reporting. Inaccurate credit reports directly impair the effi-
ciency of the banking system, and unfair credit reporting meth-
ods undermine the public confidence which is essential to the
continued functioning of the banking system.
(2) An elaborate mechanism has been developed for investigating
and evaluating the credit worthiness, credit standing, credit
capacity, character, and general reputation of consumers.
Appendix D: Consumer and Credit Data Privacy Laws
431
(3) Consumer reporting agencies have assumed a vital role in
assembling and evaluating consumer credit and other informa-
tion on consumers.
(4) There is a need to insure that consumer reporting agencies exer-
cise their grave responsibilities with fairness, impartiality, and a
respect for the consumer’s right to privacy.
(b) Reasonable procedures
It is the purpose of this subchapter to require that consumer reporting
agencies adopt reasonable procedures for meeting the needs of com-
merce for consumer credit, personnel, insurance, and other informa-
tion in a manner which is fair and equitable to the consumer, with
regard to the confidentiality, accuracy, relevancy, and proper utiliza-
tion of such information in accordance with the requirements of this
subchapter.
§ 1681a. Definitions; Rules of Construction
(a) Definitions and rules of construction set forth in this section are
applicable for the purposes of this subchapter.
(b) The term “person” means any individual, partnership, corporation,
trust, estate, cooperative, association, government or governmental
subdivision or agency, or other entity.
(c) The term “consumer” means an individual.
(d) Consumer Report.
(1)
In general: The term “consumer report” means any written, oral,
or other communication of any information by a consumer
reporting agency bearing on a consumer’s credit worthiness,
credit standing, credit capacity, character, general reputa-
tion, personal characteristics, or mode of living which is used
or expected to be used or collected in whole or in part for the
purpose of serving as a factor in establishing the consumer’s
eligibility for
(A) credit or insurance to be used primarily for personal,
family, or household purposes;
(B) employment purposes; or
(C) any other purpose authorized under section 1681b of
this title.
(2)
Exclusions: Except as provided in paragraph (3), the term “consumer report” does not include
(A) subject to section 1681s–3 of this title, any—
(i) report containing information solely as to transac-
tions or experiences between the consumer and the
person making the report;
432
Appendix D: Consumer and Credit Data Privacy Laws
(ii) communication of that information among persons
related by common owner
ship or affiliated by corpo-
rate control; or
(iii) communication of other information among per-
sons related by common ownership or affiliated by
corporate control, if it is clearly and conspicuously
disclosed to the consumer that the information may
be communicated among such persons and the con-
sumer is given the opportunity, before the time that
the information is initially communicated, to direct
that such information not be communicated among
such persons;
(B) any authorization or approval of a specific extension of
credit directly or indirectly by the issuer of a credit card or
similar device;
(C) any report in which a person who has been requested by a
third party to make a specific extension of credit directly or
indirectly to a consumer conveys his or her decision with
respect to such request, if the third party advises the con-
sumer of the name and address of the person to whom the
request was made, and such person makes the disclosures to
the consumer required under section 1681m of this title; or
(D) a communication described in subsection (o) or (x) of this
section.
(3) Restriction on sharing of medical information—Except for
information or any communication of information disclosed as
provided in section 1681b (g)(3) of this title, the exclusions in
paragraph (2) shall not apply with respect to information dis-
closed to any person related by common ownership or affiliated
by corporate control, if the information is—
(A) medical information;
(B) an individualized list or description based on the payment
transactions of the consumer for medical products or ser-
vices; or
(C) an aggregate list of identified consumers based on payment
transactions for medical products or services.
(e) The term “investigative consumer report” means a consumer report
or portion thereof in which information on a consumer’s charac-
ter, general reputation, personal characteristics, or mode of living
is obtained through personal interviews with neighbors, friends, or
associates of the consumer reported on or with others with whom
he is acquainted or who may have knowledge concerning any such
Appendix D: Consumer and Credit Data Privacy Laws
433
items of information. However, such information shall not include
specific factual information on a consumer’s credit record obtained
directly from a creditor of the consumer or from a consumer report-
ing agency when such information was obtained directly from a
creditor of the consumer or from the consumer.
(f) The term “consumer reporting agency” means any person which, for
monetary fees, dues, or on a cooperative nonprofit basis, regularly
engages in whole or in part in the practice of assembling or evaluat-
ing consumer credit information or other information on consum-
ers for the purpose of furnishing consumer reports to third parties,
and which uses any means or facility of interstate commerce for the
purpose of preparing or furnishing consumer reports.
(g) The term “file,” when used in connection with information on any
consumer, means all of the information on that consumer recorded
and retained by a consumer reporting agency regardless of how the
information is stored.
(h) The term “employment purposes” when used in connection with a
consumer report means a report used for the purpose of evaluating a
consumer for employment, promotion, reassignment or retention as
an employee.
(i) Medical Information: The term “medical information”—
(1) means information or data, whether oral or recorded, in any
form or medium, created by or derived from a health care pro-
vider or the consumer, that relates to—
(A) the past, present, or future physical, mental, or behavioral
health or condition of an individual;
(B) the provision of health care to an individual; or
(C) the payment for the provision of health care to an
individual.
(2) does not include the age or gender of a consumer, demographic
information about the consumer, including a consumer’s resi-
dence address or e-mail address, or any other information about
a consumer that does not relate to the physical, mental, or behav-
ioral health or condition of a consumer, including the existence
or value of any insurance policy.
(j) Definitions Relating to Child Support Obligations.
(1)
Overdue support: The term “overdue support” has the meaning given to such term in section 666 (e) of title 42.
(2)
State or local child support enforcement agency: The term “State or local child support enforcement agency” means a State or
local agency which administers a State or local program for
establishing and enforcing child support obligations.
434
Appendix D: Consumer and Credit Data Privacy Laws
(k) Adverse Action.
(1)
Actions included: The term “adverse action”
(A) has the same meaning as in section 1691 (d)(6) of this title;
and
(B) means
(i) a denial or cancellation of, an increase in any charge
for, or a reduction or other adverse or unfavorable
change in the terms of coverage or amount of, any
insurance, existing or applied for, in connection
with the underwriting of insurance;
(ii) a denial of employment or any other decision for
employment purposes that adversely affects any cur-
rent or prospective employee;
(iii) a denial or cancellation of, an increase in any charge
for, or any other adverse or unfavorable change in
the terms of, any license or benefit described in
section 1681b (a)(3)(D) of this title; and
(iv) an action taken or determination that is
(I) made in connection with an application that
was made by, or a transaction that was initi-
ated by, any consumer, or in connection with
a review of an account under section 1681b (a)
(3)(F)(ii) of this title; and
(II) adverse to the interests of the consumer.
(2)
Applicable findings, decisions, commentary, and orders: For purposes of any determination of whether an action is an adverse
action under paragraph (1)(A), all appropriate final findings, deci-
sions, commentary, and orders issued under section 1691 (d)(6)
of this title by the Board of Governors of the Federal Reserve
System or any court shall apply.
(l) Firm Offer of Credit or Insurance. The term “firm offer of credit or insurance” means any offer of credit or insurance to a consumer
that will be honored if the consumer is determined, based on infor-
mation in a consumer report on the consumer, to meet the specific
criteria used to select the consumer for the offer, except that the offer may be further conditioned on one or more of the following:
(1) The consumer being determined, based on information in the
consumer’s application for the credit or insurance, to meet spe-
cif
ic criteria bearing on credit worthiness or insurability, as
applicable, that are established—
(A) before selection of the consumer for the offer; and
(B) for the purpose of determining whether to extend credit or
insurance pursuant to the offer.
Appendix D: Consumer and Credit Data Privacy Laws
435
(2) Verification
(A) that the consumer continues to meet the specific criteria
used to select the consumer for the offer, by using informa-
tion in a consumer report on the consumer, information
in the consumer’s application for the credit or insurance,
or other information bearing on the credit worthiness or
insurability of the consumer; or
(B) of the information in the consumer’s application for the credit
or insurance, to determine that the consumer meets the spe-
cific criteria bearing on credit worthiness or insurability.
(3) The consumer furnishing any collateral that is a requirement for
the extension of the credit or insurance that was
(A) established before selection of the consumer for the offer of
credit or insurance; and
(B) disclosed to the consumer in the offer of credit or insurance.
(m) Credit or Insurance Transaction That Is Not Initiated by the
Consumer. The term “credit or insurance transaction that is not
initiated by the consumer” does not include the use of a consumer
report by a person with which the consumer has an account or insur-
ance policy, for purposes of
(1) reviewing the account or insurance policy; or
(2) collecting the account.
(n) State. The term “State” means any State, the Commonwealth of
Puerto Rico, the District of Columbia, and any territory or posses-
sion of the United States.
(o) Excluded Communications. A communication is described in this