ASK THE EXPERT
Companies are allowed to ask for employees’ personal data
Idrive a truck and pour concrete. My employer took on a project for a company that is requiring background checks on the drivers that go onto their property. They say by signing this form they can release my personal information, including my Social Security number, to this third party. I have been with this company for 20 years and don’t want them giving my private information to a third party. But if I don’t sign, I don’t work on the project either. Is this legal and who is responsible if my data is compromised?
It is legal for a company to request your Social Security number and to refuse to employ you if you do not provide the information. Your Social Security number allows an employer to obtain information relating to your employment history, education, credit history and criminal and motor-vehicle records. A company wants to verify identity and be sure the employee is qualified and that there are no red flags or liability risks. The same concerns exist when a business hires another company to per- form work.
To address your legitimate concerns about privacy, ask if the company has a privacy policy to protect against release of information. You might ask if providing your driver’s license information would suffice. Seek assurances that the company takes measures to keep your information secure, such as encryption, and that it will be disposed of as soon as it is no longer needed. Monitor your credit.
If you have signed a release form, depending on the language, you may be prohibited from bringing any action for invasion of privacy or other civil action against both your employer and the company it is contracting with.
Many states, including Arizona, have laws that require immediate notification when there has been a security breach. The Attorney General can seek civil penalties in the event of a willful and knowing release of personal data. And companies can be held responsible for the cost of credit monitoring for a period of time if there is a data breach.