Do I have to comply with the Fair Credit Reporting Act when pulling DMV records on employees?

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The issue of identity theft is a major concern for everyone and in light of the current budget crisis, everyone is concerned about their credit ratings.  Just because someone works for you, doesn’t mean that you have unrestrained privileges.

If you have hired someone to drive vehicles owned by your organization and you want to make sure they are a safe driver, you may wish to pull their driving record.  When you do, you have to comply with the Fair Credit Reporting Act.  See California Vehicle Code 1806.5.  This section of code was codified in 1997.

1806.5.  Notwithstanding Section 1808, the department shall not furnish information filed pursuant to Section 1806 to any person if the furnishing of that information would violate the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.).

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